Patna High CourtCR. MISC./47056/2024dismissed

Pritam Kumar v. The Union Of India Through Narcotics Control Bureau

2024-08-02Mr. Justice Jitendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47056 of 2024 Arising Out of PS. Case No.-5 Year-2022 Thana- N.C.B (GOVERNMENT OFFICIAL) District- Begusarai ====================================================== Pritam Kumar Son of Kapil Dev Mahto R/O Vill. and P.O.- Basahi, P.S.- Cheriya Bariyarpur, Dist.- Begusarai, State of Bihar ... ... Petitioner/s

Versus

The Union Of India Through Narcotics Control Bureau Ministry of Home Affairs, Dept. Of Internal Security, Karpoori Thakur Sadan, Ashiana Digha Road, Patna, Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manish Jha, Advocate For the UOI (N.C.B) :

Mr. Rakesh Kumar Sinha, C.G.C ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 02-08-2024 Heard Ld. counsel for the petitioner and Ld. APP for the State.

2. The petitioner seeks bail in connection with N.C.B. Case No.05 of 2022, Corresponding N.D.P.S. Case No. 6 of 2022 dated 29.01.2022 registered for the offences punishable under Sections 8(c), 20(b)(ii)(c), 25 and 29 of the Narcotic Drugs and Psychotropic Substance Act, 1985.

3. Prior to the present petition, the Petitioner had also moved this Court by way of Cr. Misc. no. 36083 of 2023 for his enlargement on bail which was rejected in view of the recovery of huge quantity i.e 547 Kg of ganja.

4. Ld. Counsel for the Petitioner submits that the

Patna High Court CR. MISC. No.47056 of 2024(4) dt.02-08-2024 2/2 Petitioner is innocent and has falsely been implicated in this case. He further submits that the Petitioner in custody since 31.01.2022 which is more than two & a half year but not a single prosecution witness has been examined till date.

5. It has also been stated in paragraph no. 3 of the bail petition that the petitioner has no criminal antecedent.

6. Ld. counsel for the Union of India (N.C.B.) opposes the prayer of the Petitioner for bail submitting that the nature of allegation is very serious in view of recovery of huge quantity of the contraband and the Petitioner is the king pin behind illegal trade in ganja.

7. Considering the fundamental right of the Petitioner to speedy trial, learned Trial Court is directed to make efforts to conclude the trial within six months, failing which the Petitioner would have liberty to move this Court renewing his prayer for regular bail.

8. The petition is dismissed accordingly.

(Jitendra Kumar, J.) Chandan/ RavishankarU T