Amarjeet Singh Sohal v. The Union Of India Through Assistant Director (Ops), Narcotic Control Bureau (Ncb), Head Quarter

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18639 of 2024 Arising Out of PS. Case No.-9 Year-2020 Thana- N.C.B (GOVERNMENT OFFICIAL) District- Gaya ====================================================== Amarjeet Singh Sohal Son Of Late Malkit Singh Sohal Resident Of 130/56 Jeevan Jyoti Apartment, Block-A, Bangur Avenue, Kolkata, P.S. - Lake Town, District - North 24 Pargana, West Bengal.

... ... Petitioner/S

Versus

The Union Of India Through Assistant Director (Ops), Narcotic Control Bureau (Ncb), Head Quarter New Delhi.

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

For the Petitioner/s :

Ms. Vaishnavi Singh, Adv.

For the U.O.I :

Mr. Subodh Kumar Jha, Sr. C.G.C. with Mr. Ram Tujabh Singh, C.G.C.

====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 11-07-2024 Heard learned counsel for the petitioner and learned counsel for the Union of India.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 8(c), 18(B), 58 and 29 of the N.D.P.S. Act.

3. As per prosecution case, there has been recovery of 3 Kg opium from Patiala Dhaba. It is further alleged that petitioner is said to be an informer in this case. Thereafter, the wife of one of the co-accused namely, Kaushalya Devi lodged a case which has been registered as Barachatti P.S. Case No. 448 of 2015 against the officials of N.C.B. in which it was found that the earlier case was a fake case and on the information

Patna High Court CR. MISC. No.18639 of 2024(5) dt.11-07-2024 2/3 given by the informer (petitioner) in that case, N.C.B. conducted an enquiry and found the complicity of the petitioner and N.C.B. official in the alleged occurrence.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Except suspicion, there is no cogent evidence has come against the petitioner to show his complicity in the present case. She further submitted that the present case has been lodged in the backdrop of an F.I.R. lodged by one Smt. Kaushalya Devi being Barachatti P.S. Case No. 448 of 2015 wherein she alleged that some persons including the N.C.B. official illegally entered her house and conducted raid and also raided a Dhaba and apprehended three persons including her brother-in-law. Petitioner has got one criminal antecedent as stated in para-3 of the bail petition in which he is on bail. He is languishing in judicial custody since 03.08.2021.

5. The application for bail is opposed by learned counsel for the Union of India.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged

Patna High Court CR. MISC. No.18639 of 2024(5) dt.11-07-2024 3/3 on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-1st-cumSpecial Judge, N.D.P.S., Gaya in connection with N.C.B. (Government Official) P.S. Case No. 09 of 2020, subject to the condition that the petitioner shall co-operate in the disposal of trial and make himself available as and when required by the Court.

(Nawneet Kumar Pandey, J) Arish/- U T