Krishnakant @ Krishnakant Singh v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37649 of 2024 Arising Out of PS. Case No.-6 Year-2021 Thana- N.C.B (GOVERNMENT OFFICIAL) District- Aurangabad ====================================================== Krishnakant @ Krishnakant Singh Son Of Sona Singh Resident Of Village - Penar, P.S. - Nokha, District - Rohtas (SASARAM) ... ... Petitioner/S

Versus

1.

The Union Of India Bihar 2.

Intelligence Officer, Narcotics Control Bureau, Patna Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Yogesh Chandra Verma, Sr. Advocate Mrs. Priyanka Singh, Advocate For the Opposite Party/s :

Dr. Krishna Nandan Singh(A.S.G.) ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-09-2024 Heard learned counsel for the petitioner and learned Senior counsel Shri Yogesh Chandra Verma.

2. This is the third attempt of the petitioner to seek bail. The petitioner had moved earlier seeking regular bail by filing Criminal Misc. 68431 of 2021 and the same was rejected by an order dated 21.04.2022. Thereafter, the petitioner again moved this Court seeking regular bail by filing Criminal Misc. No. 19984 of 2023 and the same also came to be rejected by an order dated by an order dated 17.05.2023.

3. Learned Senior Counsel for the petitioner Giriwardhari Pandey and the Rejendra Ram, who were apprehended from the spot have been granted the privilege of

Patna High Court CR. MISC. No.37649 of 2024(2) dt.21-09-2024 2/3 regular bail by a learned Co-ordinate Bench and thereafter, other accused persons namely, Sadhu Yadav and Rakesh have also been granted the privilege of regular bail by learned Co-ordinate Bench. The learned Senior Counsel next submits that though the aforesaid accused person have been granted the privilege of regular bail but then presently, he does not have copy of the orders.

4. The Court accepts that all the aforesaid 4 persons might have been granted the privilege of regular bail by learned Co-ordinate Benches but then is not persuaded to release the petitioner on bail for the reasons as stated herein below.

5. The case relates to NDPS Act and the 'ganja' alleged to have been recovered by the NCB is 1031.300 Kilograms. The informant alleges that Giriwardhari Pandey and Rajendra Ram were arrested, who disclosed that the delivery was to be taken by Sadhu Yadav and Dharmraj and petitioner is an associate of Sadhu Yadav and Dharmraj. The said Giriwardhari Pandey and Rajendra Ram disclosed that Rakesh Kumar and this petitioner who were accomplish of Sadhu Yadav and Dharmraj are waiting on Scorpio near Aurangabad over bridge for receiving the consignment, accordingly, on their disclosure, the NCB reached the placed of occurrence that is the

Patna High Court CR. MISC. No.37649 of 2024(2) dt.21-09-2024 3/3 place where petitioner was waiting for receiving the consignment and the petitioner was arrested from the said place.

6. Since petitioner was arrested based on the disclosure made by the apprehended accused from a place where he was waiting to receive the consignment that amply connects the petitioner with the offence, the recovery of ganja is of commercial quantity as such the Court is not inclined to release the petitioner on bail though he is in custody since 09.03.2021. Accordingly, the bail application of the petitioner stands rejected.

(Satyavrat Verma, J) Raj/JagdishU T