SUBODH KUMAR SINGH Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. N.K. Agrawal, Sr. Advocate and Mr. Rajendra Singh @ Shastri for the petitioner, Mr. S.D. Sanjay, Additional Solicitor General representing the DRI, Mr. Binod Kumar No.3 for the State and Mr. Bipin Kumar Sinha, Standing Counsel for CBI.

(2.) During vacation I was assigned to conduct the cases of bail, an application vide Cr. Misc. No. 22924 of 2016 (Subodh Kumar Singh and others Vs. The State of Bihar) was placed on 2.6.2016 for bail which is arising from DRI/LZU/PRU/718 (ii)/ENQ-08/15/296, arising out of Special Case No.13 of 2015, registered under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substance Act. The facts stating, inter alia, office of Revenue Department, Government of India on the basis of secret information intercepted Tata 709 with petitioners (criminals) from their possession Ganja was recovered. In the bail application and prosecution report annexed with petition where at different places recovery has been shown of 7 Kg. of Ganja. In the order-sheet of the court below, the quantity of seizure has been shown to be 7 Kg. of Ganja. This Court looking to the quantity of Ganja, granted bail.

(3.) On 21st June, 2016 at 4.30 P.M., Mr. N.K. Agrawal, Sr. Advocate came to my Chamber and informed me that some fraud has been played in obtaining the order whereupon I directed the Registrar General of this Court by an administrative order for production of original records as well as photo copy relating to case no. DRI/LZU/PRU/718 (ii)/ENQ-08/15/296, arising out of Special Case No.13 of 2015 whereupon the original records were brought by Mr. Md. Gulam Gous, Additional District Judge XI, Patna which was produced before me and I have also directed to prepare photo copy of the entire record of the case and be kept along with records of Cr. Misc. No.22924 of 2016. Accordingly photo copy of the entire record of the court below has been kept below for ready reference and for future action. Original lower court records were returned back on the same day to the officer concerned.