Rana Sanjiv Yadav v. The Union Of India Through Intelligence Officer, Narcotics Control Bureau, Patna, Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17673 of 2025 Arising Out of PS. Case No.-9 Year-2023 Thana- N.C.B (GOVERNMENT OFFICIAL) District- Begusarai ====================================================== Rana Sanjiv Yadav Son of Jay Jay Ram Yadav village- Hira Tola, ward no. 02, Raghunathpur Barari, Ps- Sahebpur Kamal, Dist- Begusarai ... ... Petitioner/s
Versus
1.
The Union of India Through Intelligence Officer, Narcotics Control Bureau, Patna, Bihar 2.
The State of Bihar, Through the Intelligence officer, NCB, PZU, Patna, Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjit Jha, Advocate For the State :
Mr. Ajay Mishra, A.P.P For the UOI :
Mrs. Parul Prasad, CGC Mr. Aditya Anand, Advocate Mrs. Parinita, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 20-06-2025 Heard Learned counsel for the petitioner, Learned A.P.P. for the State and learned counsel for Union of India.
2. The petitioner seeks regular bail in connection with N.D.P.S. Case No. 27 of 2023 arising out of N.C.B. Case No.09 of 2023 dated 26.05.2023, for the offence punishable under Sections 8(c), 21(c), 25 & 29 of the N.D.P.S. Act, 1985, pending in the Court of Additional Sessions Judge 1st, Begusarai.
3. Learned counsel for the petitioner submits that the regular bail application of the petitioner has earlier been rejected twice vide orders dated 27.02.2024 and 28.08.2024 passed in Cr. Misc. Nos. 63067 of 2023 & 44013 of 2024 respectively.
2/4 Counsel submits that the petitioner is the stranger and he has taken lift and only due to this reason, the NCB officials have arrested him and he has been made accused in this case. Counsel submits that one other similarly situated accused person has been granted bail by the Co-ordinate Bench of this Court vide order dated 07.02.2024 passed in Cr. Misc. No.67805 of 2023. Counsel further submits that the petitioner is in custody since 27.05.2023, having no criminal antecedent. Counsel submits that the trial has not been concluded till date. Counsel submits that the petitioner is a poor person and he is a victim at the hands of N.C.B. officials.
4. Learned counsel appearing for Union of India opposes the prayer for bail and submits that the defence taken by counsel for the petitioner is not correct as the petitioner is not the stranger, rather, the plea of stranger has been taken by the accused person to whom bail has been granted by the Coordinate Bench of this Court vide order dated 07.02.2024 passed in Cr. Misc. No.67805 of 2023. Counsel further submits that the first rejection order in Cr. Misc. No.63067 of 2023 indicates that there were two persons who moved for regular bail together namely, Dharmendra Yadav and Rana Sanjiv Yadav (present petitioner). Therefore, this contention that petitioner is innocent
3/4 is not correct. He is well known to Dharmendra Yadav and only due to this reason, they both moved together for bail before this Hon'ble Court. Counsel further submits that the quantity of heroine recovered in this case is the commercial quantity.
5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that on the previous occasion, report with regard to the present stage of the trial was called for and from perusal of the said report, it transpires that there are six charge-sheet witnesses, out of which, five witnesses have been examined and one witness is yet to be examined.
6. In this view of the matter, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for regular bail of the petitioner is hereby rejected.
7. Speedy trial is the constitutional vision of justice. Therefore, the N.C.B. officials are hereby directed to do the needful to assure the appearance of the remaining witness for adducing evidence from the date of communication of this order in connection with N.D.P.S. Case No. 27 of 2023 arising out of N.C.B. Case No.09 of 2023, so that trial takes place at the earliest.
8. Registry is directed to transmit a copy of this order to the N.C.B. officials through fax, e-mail or any other mode forthwith. Registry is further directed to hand over a copy of this
4/4 order to Learned APP for the State who shall communicate this order to the N.C.B. officials at his level.
(Dr. Anshuman, J) Divyansh/- U T