BRIJESH KUMAR @ BRAJESH KUMAR v. NARCOTIC CONTROL BUREAU
B.A./70/2025 · 2025-01-10
Pradeep Kumar Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 31330 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 31330 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 70 of 2025
Brijesh Kumar @ Brajesh Kumar, aged about 42 years, Son of Rajaram, resident of Village- Babarpur, P.O.- Pamas, P.S.- Dehaat Kotwali, District- Etah (Uttar Pradesh).
.... Petitioner
Versus Narcotic Control Bureau, Sub Zone, Ranchi ….. Opp. Party
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CORAM: HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA
-------- For the Petitioner : Mr. Nilesh Kumar, Advocate. For the State
: Mr. Anil Kumar, S.G.I.
Ms. Chandra Kumari, AC to ASGI.
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Order No. 02/Dated: 10th January, 2025
Heard learned counsel for the parties.
2. The petitioner has been made an accused in connection with N.D.P.S. Case No. 41 of 2021, arising out of N.C.B. Crime No. 9/NCB/Ranchi/2021, registered for the offences punishable under Sections 8 (c) read with 20(b)(ii)(c), 25 and 29 of the N.D.P.S. Act., pending in the Court of learned A.C.J.-XX, Ranchi.
3. As per FIR, on the basis of secret information, informant conducted a raid and on 07.08.2021, Mahindra Truck bearing registration No. NL01Q7970 was coming towards the Namkum. The truck was stopped by raiding team. Upon raid, two accused persons were arrested and upon search, total 45 packets Ganja were recovered.
4.
Learned counsel for the petitioner has submitted that the earlier bail application of present petitioner was rejected on merits vide order dated 08.09.2022 passed in B.A. No. 4577 of 2022. At present, other co-accused persons has been granted bail by this court, vide order dated 13.12.2024 passed in B.A. No. 10456 of 2024. The petitioner is languishing in Judicial Custody since 07.08.2021 without rhymes and reasons. Considering the long custody of the petitioner i.e., petitioner is in custody about 3 years 5 months and the trial is not likely to conclude earlier, the petitioner may be released on bail. Petitioner undertakes to cooperate in the trial of the case by remaining physically present as and when required and shall not indulge in any manner in tampering with the
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prosecution evidences or influencing the witnesses of prosecution. Hence, the petitioner may be extended the privilege of bail.
5. On the other hand, learned counsel appearing for the NCB opposed the prayer of bail of the petitioner.
6. Regard being had to the facts and circumstances of the case, nature of allegation coupled with the materials available against the petitioner, particularly, I am inclined to release the petitioner on regular bail. Accordingly, the petitioner named above is directed to be released on bail on furnishing of bail bond of Rs.20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.- XX, Ranchi in connection with N.D.P.S. Case No. 41 of 2021, arising out of N.C.B. Crime No. 9/NCB/Ranchi/2021 subject to the conditions:- (1) Petitioner shall remain physically present on each and every date till the conclusion of the trial of this case unless prevented from sufficient cause to the satisfaction of the learned Trial Court. (2) Petitioner shall not indulge in any or other similar offence till the conclusion of the trial. (3) Petitioner shall not indulge in tampering with the prosecution evidences or influencing the prosecution witnesses.
7. In case of violation of the aforesaid conditions, the bail of the petitioner shall be cancelled and shall be taken into custody by the learned Trial Court itself.
(Pradeep Kumar Srivastava, J.)
Simran/