Chandan Kumar v. The Union Of India (The Intelligence Officer, Ncb, Ndps)

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29564 of 2025 Arising Out of PS. Case No.-4 Year-2023 Thana- N.C.B (GOVERNMENT OFFICIAL) District- Begusarai ====================================================== Chandan Kumar S/o Shri Shankar Yadav Resident of village - Khutia, Ward No. 13, Police Station - Mansi, Distt.- Khagaria ... ... Petitioner/s

Versus

1.

The Union of India (The Intelligence Officer, NCB, NDPS) Bihar 2.

The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arun, Advocate For the Opposite Party/s :

Mr. Arvind Kumar, C.G.C.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 01-08-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The prayer for bail of the petitioner has earlier been rejected vide order dated 19.03.2024 passed in Criminal Miscellaneous No. 78288/2023.

3. Learned counsel for the petitioner submits that on an earlier occasion, a report regarding the present stage of the trial was called for, which indicates that out of six witnesses, five have already been examined. However, none of these witnesses have brought any incriminating material against the petitioner. In particular, the seizure list witness has not supported the prosecution case.

4. Learned counsel for the Union of India opposes the

Patna High Court CR. MISC. No.29564 of 2025(3) dt.01-08-2025 2/2 prayer for bail and submits that the petitioner has not approached this Court with clean hands. It is submitted that in the order dated 19.03.2024, it has been observed that the petitioner is an accused in two other criminal cases. Further, the rejection order passed by the learned ADJ-I-cum-Special Judge, NDPS Act, also records that the petitioner does not have a clean antecedent. However, contrary to these facts, the petitioner has stated in paragraph no. 3 of the present petition that he has no criminal antecedents.

5. Learned APP for the State opposes the prayer for bail.

6. In the present facts and circumstances, I am not inclined to grant regular bail to the petitioner.

7. Accordingly, the prayer for regular bail of the petitioner in connection with NDPS Case No. 10/2023 (arising out of NCB Case No. 4/2023), pending before the learned Additional Sessions Judge-1 cum Special Judge, NDPS Act, Begusarai, is hereby rejected.

(Dr. Anshuman, J) Ashwini/- U T