Pankaj Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40856 of 2022 Arising Out of PS. Case No.-221 Year-2021 Thana- RAJAPAKAR District- Vaishali ====================================================== Pankaj Kumar Singh Son of Late Vishwanath Singh Resident of Village - Nawanagar, P.S.- Biddupur, Distt.- Vaishali, Bihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prakash Chandra, Advocate For the Opposite Party/s :

Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 22-11-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks regular bail in connection with Rajapakar P.S. Case No. 221 of 2021 registered for the offences punishable under Sections 8, 20 (b) (ii) (c), 22, 25 and 29 of the NDPS Act. As per the prosecution, the informant along with other police personnel apprehended this petitioner from the alleged place and recovered a huge quantity i.e 7 quintal 8 kg 445 grams of narcotic material suspected to be Ganja kept in 23 bags inside a truck.

The main submissions advanced by learned counsel Mr.

Patna High Court CR. MISC. No.40856 of 2022(2) dt.22-11-2022 2/3 Prakash Chandra, appearing for the petitioner are that the petitioner was shown as a driver of the alleged vehicle from which the alleged contraband was recovered but the petitioner was neither the driver of the vehicle nor the owner of the said vehicle and he has been languishing in jail since 22.08.2021 and the recovery of the alleged contraband was not made before the independent persons and the compliance of the provisions of Section 50 of NDPS Act has been violated by the police concerned. Further submission is that without obtaining the FSL report in respect of the alleged recovered suspected narcotic material the police submitted chargesheet against the petitioner and irregularities were committed by the police while preparing search and seizure memo.

Learned APP Mr. Navin Kumar Pandey, appearing for the State has opposed the prayer for bail. Heard both the sides and perused the FIR and seizure list enclosed with the FIR. The instant matter relates to the recovery of the heavy quantity of contraband suspected to be Ganja and 7 quintal 8 kg 445 grams narcotic material suspected to be Ganja kept in 23 bags were recovered from the truck and the petitioner was apprehended at the spot and at that time he was driving the alleged vehicle and on seeing the police he tried

Patna High Court CR. MISC. No.40856 of 2022(2) dt.22-11-2022 3/3 to flee but he was apprehended and the said conduct of fleeing also goes against him. Considering these facts and mainly taking into account the huge quantity of the alleged contraband allegedly recovered from the vehicle of which the petitioner was found to be a driver, in the opinion of this Court the petitioner does not deserve to the privilege of bail. Accordingly, his prayer for bail stands rejected.

(Shailendra Singh, J.) maynaz/- U T