Mantu Kumar v. The Union Of India Through Intelligence Officer, Narcotics Constrol Bureau, Patna Zonal Unit Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.781 of 2024 Arising Out of PS. Case No.-11 Year-2023 Thana- N.C.B (GOVERNMENT OFFICIAL) District- Patna ====================================================== Mantu Kumar Son Of Mahendra Prasad Resident Of Village - Bhutali, Malpani, Ps - Chautham, District - Khagaria ... ... Petitioner/s

Versus

1.

The Union Of India Through Intelligence Officer, Narcotics Constrol Bureau, Patna Zonal Unit Patna Patna 2.

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

For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

Mr.Dr. Krishna Nandan Singh (Asg) For the U.O.I.

:

Mr. Awadhesh Kumar Pandey (Sr. C.G.C.) Mr. Arvind Kumar (CGC) Mr. Lokesh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-05-2024 Heard learned counsel for the petitioner, learned APP for the State and learned counsel on behalf of the N.C.B.

2. The petitioner has prayed for bail in connection with N.C.B.(Patna) P.S. Case No. 11 of 2023 instituted for the offence under Sections 8(c), 18(b) and 29 of the N.D.P.S. Act.

3. Prosecution case relates to recovery of 460 grams of heroin like intoxicating substance from the possession of this petitioner.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this present case. It is further submitted that seizure list has not been prepared as per

Patna High Court CR. MISC. No.781 of 2024(3) dt.14-05-2024 2/2 the provision of Section 50 of the N.D.P.S Act. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 21.07.2023.

5. Learned APP appearing for the state and learned counsel on behalf of the N.C.B have opposed the prayer of regular bail and submitted that the recovered incriminating article(heroin) which has been recovered from the possession of this petitioner comes under the purview of commercial quantity as per N.D.P.S. Act. FSL report was found positive and as such, supported the prosecution case.

6. Having heard the learned counsel for the parties and considering the nature of allegation, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

7. The trial court is directed to expedite the trial and conclude the same as soon as possible.

(Sunil Kumar Panwar, J) Shubham/- U T