Subodh Kumar @ Chunnu Kumar @ Chandan Kumar v. The Union Of India Through Intelligence Officer, Narcotics Control Bureau, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 28481 of 2020 Arising Out of PS. Case No.-3 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Patna ====================================================== Subodh Kumar @ Chunnu Kumar @ Chandan Kumar S/O Late Hari Mahto Resident Of Village-Jai Nandan Bigha, Gangapur, Police Station-Hulasganj, District-Jehanabad.

... ... Petitioner

Versus

The Union Of India Through Intelligence Officer, Narcotics Control Bureau, Patna Patna.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Ashok Kumar Mishra, Advocate For the UOI :

Mr.K.N. Singh (ADSG) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-11-2020 Heard learned counsel for the petitioner and the opposite party through Video Conferencing.

The petitioner seeks bail in a case registered for the offence punishable under sections 8, 20 and 29 of the NDPS Act.

Prosecution's case, in brief, is that 30.750 kilograms of Ganja was recovered from a vehicle in which the petitioner and three others were travelling.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Petitioner is only a passenger of the vehicle and had no knowledge of the incriminating article being carried in the said vehicle. He is neither driver nor the owner of the vehicle. Charges have also been framed in the case. As per paragraph 3 of the bail petition, petitioner has got no criminal antecedent and he is in custody since 12.1.2019, though other similarly situated

Patna High Court CR. MISC. No. 28481 of 2020(3) dt.23-11-2020 2/2 co-accused, namely, Dinesh Ray and Mahendra Saw have already been allowed bail by different co-ordinate benches of this Court vide orders dated 15.6.2020 and 16.10.2020, passed in Cr.Mis.Nos. 670/2020 and 5544/2020.

In the facts of the case, prayer for bail of the petitioner is allowed. Let the petitioner mentioned above be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge XVII, Patna in Special Case No. 05/2019/Narcotic Control Bureau Case No. 03/2019 on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T