Patna High Court - Orders
Sukh Sagar Kumar vs The State Of Bihar on 8 September, 2022
Author: Satyavrat Verma
Bench: Satyavrat Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26850 of 2022
Arising Out of PS. Case No.-288 Year-2021 Thana- SAHEBPUR KAMAL District-
Begusarai
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SUKH SAGAR KUMAR SON OF GAYANI PRASAD YADAV R/O
VILLAGE- SHALIGRAMI, P.S.- SAHEBPUR KAMAL, DISTRICT-
BEGUSARAI (BIHAR)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Ms. Archana Sinha @ Archana Shahi, Advocate
For the Opposite Party/s : Mr. Ram Sevak Choudhary, APP
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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 08-09-2022Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 120(B) and 414 of the Indian Penal Code and Sections 8(c), 21(c), 25 and 35 of the NDPS Act and Sections 25(1-b) a, 26 and 35 of the Arms Act.
Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that Sonu, Nitish and Nikhil were arrested and from Sonu five mobiles, 763 gram of brown sugar was recovered and thereafter from his house 761 gram of brown sugar and 437 gram of smack drugs along with country-made pistol and the Patna High Court CR. MISC. No.26850 of 2022(2) dt.08-09-2022 2/5 magazine was also recovered along with Rs. 2,80,000/-, from Nitish, mobile along with 7.65 gram of brown sugar was recovered, it is further alleged that from Nikhil five mobiles, 559 gram of brown sugar along with Rs. 60,000/- and laptop and 3.67 gram of smack was recovered, it is further alleged that from a vehicle parked outside the house of Sonu, 385 gram of brown sugar was recovered which Sonu accepted as his.
Learned counsel for the petitioner submits that the petitioner is not named in the FIR, nor any of the apprehended accused in their statement have disclosed the name of the petitioner, it is next submitted that from tenor of the allegation as alleged in the FIR, it would manifest that the informant alleges that a car was found parked outside the house of Sonu from which 385 gram of brown sugar was recovered and Sonu accepted the brown sugar as his, it is thus submitted that Sonu accepted the brown sugar belonging to him, further he did not disclose the name of the owner of the vehicle.
Learned counsel for the petitioner submits that police falsely implicated the petitioner on the ground that petitioner is the owner of the said vehicle, the learned counsel for the petitioner next submits that no doubt petitioner is the owner of the said vehicle but the said vehicle was neither parked outside Patna High Court CR. MISC. No.26850 of 2022(2) dt.08-09-2022 3/5 the house of Sonu, nor the car was in the district of Begusarai at the alleged date and time of occurrence, the learned counsel for the petitioner further submits that the car has a GPS fitted in it, which discloses the location and movement of the car and from the GPS location it would manifest that the car was at Khagariya, thereafter the petitioner came to his native place at Begusarai on 01.12.2021 itself, it is next submitted that thereafter the car was parked outside his house since there was no parking space in the house of the petitioner, it is next submitted that since the vehicle was parked outside the house of the petitioner as such on 02.12.2021 the said car was brought to S. Kamal Police Station on 02.12.2021, it is next submitted that the wife of the petitioner went to the police station for seeking reason as to why the vehicle has been brought to the police station but the S.H.O. without disclosing any reason asked her to come on 03.12.2021. The learned counsel for the petitioner submits that the present occurrence, in which Sonu, Nikhil and Nitish have been arrested, was committed on 03.12.2021 when it is alleged that from the vehicle 387 gram of brown sugar was recovered, the learned counsel for the petitioner next submits that when the vehicle was already in the police station on 02.12.2021 then how come the said vehicle on 03.12.2021 was Patna High Court CR. MISC. No.26850 of 2022(2) dt.08-09-2022 4/5 found parked outside the house of Sonu, it is next submitted that the distance of the police station from the place of occurrence i.e., from the house of Sonu is 10.98 km, but the GPS discloses that on 03.12.2021 the car travelled zero km, thereafter again on 4, 5 and 6 the distance travelled by the car is zero which amply demonstrates that from 03.12.2021 to 06.12.2021 the car had not moved. The learned counsel for the petitioner thus submits that if the vehicle was found parked outside the house of Sonu then why the GPS does not show that on 03.12.2021 the car travelled at least in between 10-11 km, thus it is submitted that this fact amply demonstrates that the vehicle was already taken to the police station on 02.12.2021 as it was parked outside the house of the petitioner thinking it to be an abandoned car even without verifying the details, the learned counsel next submits that it absolutely defies all logic, wisdom and reasonable administrative behaviour that when Narcotic was found from the vehicle alleged to be parked outside the house of Sonu then why the informant in the FIR itself did not disclose that the car either belongs to Sonu or to the petitioner or why no investigation or inquiry with respect to the said fact was made on the same day, this omission on part of the police creates doubt with regard to the veracity of the allegations as alleged in the FIR. Patna High Court CR. MISC. No.26850 of 2022(2) dt.08-09-2022 5/5 Call for a legible carbon/photostat copy of the case diary in connection with S. Kamal P.S. Case No. 288 of 2021 from the court of learned District and Session Judge, Begusarai.
Put up this case on 26.09.2022.
The Superintendent of Police, Begusarai along with Station House Officer, Sahpur Kamal P.S. are directed to file their respective counter-affidavit duly sworn personally by them giving parawise reply of the anticipatory bail application along with the submissions raised by the learned counsel for the petitioner in the present order.
In the meantime, there shall be no coercive action against the petitioner until the matter is finally adjudicated by this Court.
In the event, if the counter-affidavit is not filed the Superintendent of Police, Begusarai along with the Station House Officer, Sahapur Kamal P.S. shall remain physically present in the Court at 10.30 AM on 26.09.2022.
(Satyavrat Verma, J) Shivam/-
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