Pramod Prasad v. The Union Of India Through N.C.B., Patna Branch

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45218 of 2022 Arising Out of PS. Case No.-4 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Aurangabad ====================================================== PRAMOD PRASAD SON OF LATE SHANKAR MAHTO R/O VILLAGEJHIKATIYA KALA, P.O.- MAIGARA, P.S.- IMAMGANJ, DISTRICTGAYA ... ... Petitioner/s

Versus

THE UNION OF INDIA THROUGH N.C.B., PATNA BRANCH INDIA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Birendra Kumar Singh, Advocate For the Opposite Party/s :

Mr.Manoj Singh, CGC ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 31-08-2022 Heard learned counsel for the petitioner and learned central government counsel for the N.C.B.

The present application has been filed seeking provisional bail in connection with N.C.B. Cr. Case No. 04 of 2021 registered for the offences punishable under Section 8(C) read with Sections 18(B) and 29 of the N.D.P.S. Act on the ground that father of the petitioner died on 18.08.2022. Learned counsel for the petitioner submits that no doubt father of the petitioner died on 18.08.2022 and the petition came to be filed on 30.08.2022 but still one function is slated to be held on 31.08.2022.

Learned central government counsel does not oppose the present application but submits that since petitioner is an

Patna High Court CR. MISC. No.45218 of 2022(2) dt.31-08-2022 2/2 accused of a case under the N.D.P.S. Act and that too with respect to commercial quantity of narcotics as such the petitioner should be released on provisional bail but with precaution.

Considering the submissions made by the learned central government counsel, the Court is not inclined to grant provisional bail to the petitioner but since his father has died as such the District Magistrate, Aurangabad and the Superintendent of Police, Aurangabad are directed to ensure that tomorrow at 11:00 am, the petitioner under police custody is taken to his native place at Gaya from the jail custody under intimation to the District Magistrate, Gaya and Superintendent of Police, Gaya. Further, the police escort which will escort the petitioner to Gaya will also ensure that the petitioner returns to the prison latest by 6:00 pm.

Let this order be communicated to the District Magistrate and Superintendent of Police, Gaya and Aurangabad. (Satyavrat Verma, J) Rishi/- U T