Patna High Court - Orders
Deepak Kumar vs The State Of Bihar on 16 November, 2021
Author: Satyavrat Verma
Bench: Satyavrat Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22908 of 2021
Arising Out of PS. Case No.-384 Year-2020 Thana- MINAPUR District- Muzaffarpur
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1. DEEPAK KUMAR Son of Suresh Sahni Resident of Village - Barabharti,
P.S. - Minapur, District - Muzaffarpur.
2. Vishal Kumar Son of Ajay Sahni Resident of Village - Barabharti, P.S. -
Minapur, District - Muzaffarpur.
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Advocate
: Mr. Pranav Kumar, Advocate
For the Opposite Party/s : Mr. Mrityunjay Kumar Nirala, APP
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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 16-11-2021Heard Shri Bimlesh Kumar Pandey, learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Minapur P.S. Case No. 384 of 2020 instituted for the offences under Sections 414, 420, 467, 468, 471 and 34 of the Indian Penal Code, Sections 25(1-b)a, 26 and 35 of the Arms Act and Sections 20, 22 and 8 of the N.D.P.S. Act.
Learned counsel for the petitioner submits that from bare perusal of the allegation as alleged in the F.I.R. it would manifest that the informant alleged that he had secret information regarding assemblage of some criminals along with these petitioners with illegal arms to sell smack. Accordingly, a Patna High Court CR. MISC. No.22908 of 2021(2) dt.16-11-2021 2/4 police team was constituted and when the police team reached the place of occurrence, some people started fleeing but on chase three of them were nabbed but the petitioner along with them one another was apprehended and from the possession of petitioner no. 2, one loaded pistol, a Hero Honda motorcycle, 10 purias of smack and Poco mobile was recovered and from possession of petitioner no. 1, one loaded country-made pistol, mobile, ATM Cards were recovered and 10 purias of smack were also recovered, while from the possession of one of the accused Harilal Sahani, ATM Card was recovered and they disclosed that the accused who fled away were Shekhar Kumar, Hemant Kumar and Ayush Kumar. Later the house of Shekhar Kumar was raided and from his possession one country-made pistol and ATM cloning machine as well as several ATM cards were recovered.
Learned counsel for the petitioner submits that from bare perusal of the F.I.R. it would manifest that the informant in the F.I.R. has alleged that smack like substance has been recovered which in itself demonstrates that informant was not sure whether the seized contraband was smack or not, it has been further submitted that police after investigation submitted charge-sheet under N.D.P.S. Act along with Arms Act and the Patna High Court CR. MISC. No.22908 of 2021(2) dt.16-11-2021 3/4 I.P.C. Learned counsel further submits that it does not stand to reason that as to on what basis, the Investigating Officer in absence of F.S.L. report came to a conclusion that the seized contraband was charas and thus submitted charge-sheet under the N.D.P.S. Act. Further, the F.I.R. does not disclose the weight of the seized article.
The Superintendent of Police, Muzaffarpur is directed to swear a personal affidavit and bring on record the fact as to when the seized contraband was sent to F.S.L., whether before filing of the charge-sheet, the F.S.L. report was received or not, in the event if the F.S.L. report was not received as stated by the learned counsel for the petitioner, then on what basis the I.O. submitted charge-sheet under the N.D.P.S. Act.
At this stage, the learned counsel for the petitioner submits that the charge-sheet under the N.D.P.S. Act came to be submitted in a mechanical manner and equally the court below without considering the fact that the charge-sheet is not accompanied by the F.S.L. report in a mechanical manner has taken cognizance under the N.D.P.S. Act. Learned counsel further submits that as far as recovery of country-made pistol and ATM card etc. are concerned, for that the petitioner has been sufficiently punished for the purposes of bail but as far as Patna High Court CR. MISC. No.22908 of 2021(2) dt.16-11-2021 4/4 N.D.P.S. Act is concerned, the same is a serious issue and the charge-sheet came to be submitted in such a perfunctory manner.
Learned A.P.P. for the State is requested to inform the Superintendent of Police, Muzaffarpur to ensure that the counter affidavit is filed within two weeks from today as the learned counsel for the petitioner submits that the police in mechanical manner is proceeding in cases relating to N.D.P.S. Act even without knowing the basics of investigation relating to N.D.P.S. as a result of which liberty of persons are being trampled.
Put up this case on 10.12.2021.
(Satyavrat Verma, J) Rishi/-
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