Niraj Kumar @ Neeraj Kumar v. The State Of Bihar
Case brief
What is this about?
In an NDPS bail application, the petitioner argued lack of material indicating his direct involvement as the driver and absence of signatures on the seizure list. The High Court rejected the bail plea citing the enormity of the seizure and gang involvement allegations.
What did the court decide?
Regular bail application was rejected without granting bail.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.44827 of 2018
Arising Out of PS.Case No. -22 Year- 2018 Thana -BALIA District- BEGUSARAI
====================================================== 1. Niraj Kumar @ Neeraj Kumar S/o Kailash Rai, R/o Vill.- Jagdishpur Tarbanna, P.S.- Muffasil (Lakho O.P.), District- Begusarai.
.... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Amit Narayan Mr. Shyameshwar Dayal For the Opposite Party/s : Mr. Ramchandra Sahani ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER
3 20-08-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner has been in custody since 01.02.2018 in connection with N.D.P.S. Case No. 04/2018 arising out of Ballia P.S. Case No. 22/2018 registered for the offences punishable under Sections 8/20(b)(ii)(c)/25/29 of the N.D.P.S. Act.
Mr. Amit Narayan, learned counsel for the petitioner submits that there is no material on record to indicate that the alleged consignment of 1602 Kgs. of Ganja was recovered from a truck bearing Registration No. NL03A 7249 of which it is alleged that the petitioner along with one Rattu Das and Raju Kumar, was the driver. He submits that the seizure-list does not bear the
Patna High Court Cr.Misc. No.44827 of 2018 (3) dt.20-08-2018
Issues for consideration
1 issue framed by the court
Whether the petitioner should be granted regular bail considering the lack of signature on seizure list allegations and instructions to STF members regarding the vehicle apprehension.
Parties & counsel
- petitioner
Niraj Kumar @ Neeraj Kumar
- respondent
The State of Bihar
Coram
Smt. Anjana Mishra
Case details
As recorded by the court registry
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