Dismissed

Praveen Yadav @ Pintu Yadav v. the Union of India through N.C.B. Ministry of Home Affairs, Zonal Office, Patna

Patna HC1 Feb 2021CR. MISC./26086/2020

Case brief

AI extract

What is this about?

The court rejected the petitioner's bail application. The petitioner, the lessee of a cattle house where 527 kgs of opium poppy husk were recovered, argued for bail. The court held that under Section 37(1)(b)(ii) of the NDPS Act, bail was not available, and given the short trial duration and nature of the charge, it was rejected.

What did the court decide?

Bail application rejected; trial to be concluded within six months.

Praveen Yadav @ Pintu Yadav Vs the Union of India through… — Narcotics (NDPS) | Patna HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.26086 of 2020

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Arising Out of PS. Case No.-11 Year-2017 Thana- GOVERNMENT OFFICIAL COMP. District- Gaya

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======================================================

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PRAVEEN YADAV @ PINTU YADAV, Male, aged about 30 years, S/o Munni Yadav, Resident of Village-Jaigir, P.S.-Barachatti, District-Gaya.

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... ... Petitioner

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Versus

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The Union of India through N.C.B., Ministry of Home Affairs, Zonal Office, Patna.

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The State of Bihar.

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... ... Opposite Parties ====================================================== Appearance : For the Petitioner : Mr.Niraj Gopal Sharan For the U.O.I. : Dr. Mr. K.N. Singh(Addl.S.G.) and Mr. Ratnesh Kumar, C.G.C. ======================================================

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CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER

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3 01-02-2021 Learned counsel for the petitioner is directed to

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remove the defects, as pointed out by the office, within a period of four weeks.

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Heard learned counsels for the parties.

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The petitioner seeks bail in a case registered for the offence under Sections 8(c)/15(c) of the N.D.P.S. Act.

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The prosecution story, in brief, is that on secret information, a raid was conducted on 15.06.2017 at the cattle house of Deoki Yadav and altogether 527 kgs., opium poppy husk was recovered from the cattle house of Deoki Yadav. During course of investigation, it was found that the cattle house was given on rent to this petitioner.

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Earlier the bail application of the petitioner was rejected vide Cr. Misc. No. 29543 of 2019 dated 27.09.2019

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Patna High Court CR. MISC. No.26086 of 2020(3) dt.01-02-2021 2/2

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taking into account that altogether 527 kgs., opium poppy husk was said to have been recovered from the cattle house of one Deoki Yadav. During course of investigation, it was found that the said cattle house was given on rent to this petitioner. In the light of Section 37(1)(b)(ii) of the N.D.P.S. Act, the petitioner is not entitled for bail.

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A report was called for from the court below regarding the stage of the case. It has been reported that out of 11 prosecution witnesses, one witness has already been examined and the trial is likely to be concluded within a period of three months.

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Considering the nature of accusation and the stage of the case, I am not inclined to grant bail to the petitioner. The same is rejected in connection with NDPS Case No. 44/2017, arising out of NCB/PZU/Cr. No. 11/2017, pending in the court of learned Sessions Judge-cum-Special Judge, Gaya.

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The court below is directed to take all necessary steps to conclude the trial preferably within a period of six months from the date of receipt/production of copy of this order.

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(Sudhir Singh, J)

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U.K./- U T

Praveen Yadav @ Pintu Yadav v. the Union of India through N.C.B. Ministry of Home Affairs, Zonal Office, Patna

Case brief

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Praveen Yadav @ Pintu Yadav v. the Union of India through N.C.B. Ministry of Home Affairs, Zonal Office, Patna

Case brief

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