Dismissed

Nitish Kumar v. the State of Bihar

Patna HC14 Mar 2023/29361/2022

Case brief

AI extract

What is this about?

In three connected criminal miscellaneous matters, the High Court at Patna denied bail to three petitioners accused under the N.D.P.S. Act following recovery of 198 Kgs. of Ganja. The court held that the large quantity and evidence of involvement precluded findings that they would not commit the offense if released.

What did the court decide?

Prayer for bail refused; petitioners enlarged on bail in connection with N.C.B. Crime Number- 08 of 2022 did not succeed.

Nitish Kumar Vs the State of Bihar — Narcotics (NDPS) | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.29361 of 2022

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Arising Out of PS. Case No.-8 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Aurangabad

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

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Nitish Kumar Son of Sri Surendra Singh Resident of Village - Usri Khaira, P.s.- Mehandia, Distt.- Arwal (Bihar).

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... ... Petitioner/s

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Versus

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The State of Bihar

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Union of India thorugh Zonal Director, N.C.B., Patna.

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... ... Opposite Party/s

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

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with

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CRIMINAL MISCELLANEOUS No. 51449 of 2022

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Arising Out of PS. Case No.-8 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Aurangabad

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

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Manoj Kumar @ Manoj Singh Son Of Late Bindeshwari Singh Resident Of Village- Bhikhanpur Dhewai, P.O.- Injore, P.S.- Mehandiya, District- Arwal (bihar)

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... ... Petitioner/s

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Versus

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The Union Of India Through Director, Narcotics Control Bureau, Patna Bihar

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The State of Bihar

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... ... Opposite Party/s

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

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with

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CRIMINAL MISCELLANEOUS No. 60987 of 2022

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Arising Out of PS. Case No.-8 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Aurangabad

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

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Birendra Paswan Son of Late Rajendra Prasad @ Rajendra Paswan Resident of Village - Hardiya, P.S.- Mehandiya in the district of Arwal.

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... ... Petitioner/s

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Versus

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The Union of India through the Director, Narcotics Control Bureau, Bihar, Patna. Government of Bihar

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The Director, Narcotics Control Bureau, Bihar, Patna. Bihar

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... ... Opposite Party/s ====================================================== Appearance :

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(In CRIMINAL MISCELLANEOUS No. 29361 of 2022)

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Patna High Court CR. MISC. No.29361 of 2022(9) dt.14-03-2023 2/5

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For the Petitioner/s :	Mr. Anil Kumar, Advocate
For the Union Of India :	Mrs. Renuka Sharma Mr. Ankit Kumar Singh, Advocates
For the Opposite Party/s : (In CRIMINAL MISCELLA	Mrs. Nirmala Kumari, APP NEOUS No. 51449 of 2022)
For the Petitioner/s :	Mr. Rakesh Kumar, Advocate
For the State :	Mr. Bhanu Pratap Singh, APP
For the Union of India : (In CRIMINAL MISCELLA	Mr. Ram Anurag Singh, CGC NEOUS No. 60987 of 2022)
For the Petitioner/s :	Mr. Sunil Kumar, Advocates
For the Union of India : ===================	Smt. Renuka Sharma Mr. Rajni Kant Singh, Advocates ===================================

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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER

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9 14-03-2023

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Heard learned counsel for the petitioners, learned counsel appearing on behalf of the Union of India and learned APP for the State.

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Petitioners seek bail in a case registered for the offences punishable under Sections 08(c), 20(b)(ii)(c), 25 and 29 of the N.D.P.S. Act.

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Recovery is of 198 Kgs. of Ganja .

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Learned counsel for the petitioners submits that the petitioners have clean antecedents and they have been falsely implicated in the present case. He further submits that it appears from the F.I.R. as well as seizure list that 198 Kgs. of Ganja have been recovered from a truck in question. He further submits that on the basis of the disclosure made by co-accused person the name of the other co-accused persons have been surfaced in the present occurrence. Learned counsel for the petitioners further submits that the petitioner namely Nitish

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Patna High Court CR. MISC. No.29361 of 2022(9) dt.14-03-2023 3/5

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Kumar is the driver and the petitioner namely Birendra Paswan is the Khalasi (co-driver) of the truck and they have no concern at all with the alleged recovery of the contraband and except the disclosure of the co-accused persons, the petitioner namely Manoj Kumar is not associated anywhere in the present occurrence. He further submits that the prosecution agency has recorded the voluntary statement of accused person namely Nitish Kumar under Section 67 of the NDPS Act 1985 on 12.03.2022 and he disclosed that the associate of seized drugs as one Manoj Kumar @ Manoj Singh (who is petitioner in Cr. Misc. No. 51449 of 2022). A notice under Section 67 of the NDPS Act was issued to Manoj Singh. He voluntary confessed his involvement in trafficking of seized Ganja . On the basis of confessional statement and concrete evidences like CDR linkages among supplier, carrier and bank transactions received from receiver in his account and involvement in illicit trafficking of seized 198 Kgs. of Ganja , the aforesaid accused Manoj Kumar @ Manoj Singh was arrested on 04.05.2022.

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Learned counsel for the petitioners submits that Section 50 of the NDPS Act has not been followed in the present case.

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Learned counsel appearing on behalf of the Union of

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Patna High Court CR. MISC. No.29361 of 2022(9) dt.14-03-2023 4/5

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India and the learned APP for the State, on the other hand, have vehemently opposed the prayer for bail of the petitioner and submits that FSL report also confirms that the recovered contraband is Ganja .

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The grant of bail in NDPS cases where the recovery of commercial quantity of narcotic is alleged is circumscribed under Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 which says that before grant of bail, the Court must have reason to believe that petitioners have not committed the offence and in the event of release they would not commit similar offence.

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The issue was considered by the Hon’ble Supreme Court in the case of State of Kerala and Ors. Vs. Rajesh & Ors., reported in 2020 (12) SCC 122 as well as in the case of Narcotic Control Bureau Vs. Mohit Aggarwal reported in AIR 2022 SC 3444 .

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The recovery of huge quantity of Ganja from the truck in question and voluntary statement of petitioners recorded under Section 67 of the N.D.P.S. Act, which suggest involvement of the petitioners would not justify that the petitioners had no knowledge of the narcotic nor there is any material to substantiate that the petitioners would not commit

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Patna High Court CR. MISC. No.29361 of 2022(9) dt.14-03-2023 5/5

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such offence in the event of release.

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Hence, I am not inclined to enlarge the petitioners on bail in connection with N.C.B. Crime Number- 08 of 2022 arising out of NDPS Case No. 11 of 2022 pending in the Court of learned 1^st Additional District & Sessions Judge cum-Special Judge (N.D.P.S.), Aurangabad.

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Prayer is refused.

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(Rajesh Kumar Verma, J)

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Ibrar//-

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U T

Nitish Kumar v. the State of Bihar

Case brief

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Nitish Kumar v. the State of Bihar

Case brief

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