Raju Prasad Patel @ Raju Patel v. The Union Of India Through Regional Director Narcotics Central Bureau, Patna, Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75638 of 2023 Arising Out of PS. Case No.-20 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- East Champaran ====================================================== Raju Prasad Patel @ Raju Patel Son Of Pradip Prasad @ Shri Pradeep Prasad Patel Resident Of Village Dumariya, Po Pakhriaha, Ps Bairiya, Distt - West Champaran ... ... Petitioner/s

Versus

1.

The Union of India through Regional Director Narcotics Central Bureau, Patna, Bihar 2.

The Regional Director Norcotics Central Bureau Patna Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Awadhesh Kumar Mishra, Advocate For the UOI : Ms. Kanak Verma, CGC ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 23-02-2024 Heard Mr. Awadhesh Kumar Mishra, learned counsel for the petitioner and Ms. Kanak Verma, learned counsel appearing on behalf of the Union of India.

2. Petitioner seeks bail who is in custody since 22.10.2019 in connection with NDPS Case No. 71 of 2019 arising out of NCB Case No. PZU/V/20/2019 for the offences punishable under Sections 20, 25, 27A and 29 of the NDPS Act.

3. Earlier the bail application of the petitioner was rejected by this Hon'ble Court vide order dated 09.04.2021 passed in Cr. Misc. No. 20 of 2021. Thereafter, the petitioner has again moved before this Hon'ble Court in Cr. Misc. No. 68371 of 2023 which was permitted to be withdrawn vide order

Patna High Court CR. MISC. No.75638 of 2023(5) dt.23-02-2024 2/3 dated 27.03.2023 with the liberty to move before the learned court below.

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that pursuant to the aforesaid direction, the petitioner has moved before the learned Trial Court and the learned Trial Court has rejected the bail application of the petitioner on the ground that the recovery has been made from the truck in question and the petitioner was apprehended along with the contraband i.e. Ganja and altogether 290 kg of Ganja has been recovered from the possession of the petitioner.

5. Although, Union of India has filed a detailed counter affidavit but vide order dated 10.11.2023 a report was called with regard to the present stage of trial. Report of the learned Trial Court dated 10.01.2024 reveals that out of 7 prosecution witnesses only 2 witnesses have been examined but the learned counsel appearing on behalf of the UOI informs that today itself 2 more witnesses have been examined, hence, out of 7 witnesses, 4 witnesses have been examined.

6. The learned counsel appearing on behalf of Union of India has vehemently opposed the prayer for bail of the

Patna High Court CR. MISC. No.75638 of 2023(5) dt.23-02-2024 3/3 petitioner.

7. Considering the aforesaid facts and circumstance, I am not inclined to enlarge the petitioner on bail in connection with NDPS Case No. 71 of 2019 arising out of NCB Case No. PZU/V/20/2019 pending in the court of learned 1st Additional Judge, East Champaran, Motihari.

8. Prayer is refused.

9. However, learned Trial Court is directed to expedite and conclude the trial at the earliest.

(Rajesh Kumar Verma, J) Vanisha/- U T