Vipin Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64899 of 2024 Arising Out of PS. Case No.-8 Year-2020 Thana- N.C.B (GOVERNMENT OFFICIAL) District- Patna ====================================================== Vipin Kumar Son of Navdeep Rai Village- Kutubpur, Ps- Bidupur, distVaishali ... ... Petitioner
Versus
The Union of India through NCB, Patna ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Ashok Kumar Mishra, Advocate Mr. Surendra Kr. Singh, Advocate Mr. Ganesh Pd. Singh, Advocate For the UOI (NCB) :
Mr. Ram Anurag Singh, CGC ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 18-10-2024 Heard Ld. counsel for the petitioner and learned APP for the State.
2. The petitioner seeks regular bail in connection with Special (NDPS) Case No. 127 of 2020 arising out of F.No.- NCB/PZU/V/08/2020 registered for the offences punishable under Sections 8(c) read with Section 20(b)(ii)(c), 25, 28 and 29 of the N.D.P.S. Act, 1985.
3. Ld. counsel for the petitioner submits that prior to the present petition, the petitioner had moved this Court for regular bail vide Cr. Misc. No. 56946 of 2021, whereby his petition was dismissed with an observation that if the trial is not concluded within a period of 9 months, the petitioner would be at liberty to renew his prayer for bail. He further submits that
Patna High Court CR. MISC. No.64899 of 2024(3) dt.18-10-2024 2/3 the trial has not concluded within the stipulated time and the same is still at the stage of prosecution evidence. Hence, the Petitioner, vide present application, has renewed his prayer for bail. He further submits that the petitioner is in jail since 01.09.2020.
5. Mr. Ram Anurag Singh, learned counsel for the Union of India vehemently opposes the prayer of the petitioner for bail submitting that the allegation is very serious in nature against the petitioner as there is recovery of 589.400 kg of ganja like contraband substance from the truck which he was driving.
6. Considering the aforesaid facts and circumstances, particularly the fact that the trial has not yet been concluded, this application is allowed, directing the petitioner, above named, to be enlarged on bail on his furnishing bail bond in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Ld. Exclusive Special Special Court, NDPS-II, Patna in connection with NCB/PZU/V/08/2020 (Special NDPS Case No. 127 of 2020) on the following conditions:
(i) The petitioner will make himself available for interrogation by a police officer/Court as and when required.
Patna High Court CR. MISC. No.64899 of 2024(3) dt.18-10-2024 3/3 (ii) The petitioner will undertake that investigation/trial will not hamper on account of his absence or non-cooperation. He must be available to the police or the court whenever his presence is required.
(iii) The petitioner shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer. (iv) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedent, Ld. Court below shall cancel the bail bond of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedent despite his knowledge of the same. (v) In case, it is brought to the notice of the court below that statement regarding the previous bail petition is wrong, Ld. Court below shall cancel the bail bond of the petitioner (Jitendra Kumar, J) Chandan/ Ravishankar/ U T