Rakesh Kumar Singh And Ors vs State Of Bihar And Anr

Heard Mr. Bashishtha Narayan Mishra, learned counsel for the petitioners; Mr. Manoj Kumar Singh, learned counsel for the Union of India and

Dr. Kumar Uday Pratap, learned Additional Public Prosecutor (hereinafter referred to as the ‘APP’) for the State.

The petitioners are in custody in connection with Chanpatia PS Case No.328 of 2020 dated 10.07.2020, instituted under Sections 08, 20(b), 22 and

23 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

The allegation against the petitioners is that from the jeep being driven by the petitioner no. 1, on which other three petitioners were also riding, 10

Kgs. Ganja was recovered.

Learned counsel for the petitioners submitted that the jeep was being driven by someone else and upon seeing the police the driver had run away

and the petitioners not suspecting that there was any contraband, remained in the jeep. It was submitted that the jeep belongs to a person from Orissa

and they were labourers there and were returning home and on the way they were caught by the police. It was further submitted that the petitioners

having no criminal antecedent are in custody since 10.07.2020. Learned counsel submitted that even the amount recovered is less than commercial

quantity.

Learned counsel for the Union of India submitted that the Ganja recovered was worth rupees four lakhs. However, he did not controvert that the

recovery is less than commercial quantity.

Learned APP adopted the argument of learned counsel for the Union of India.

Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioners be released on bail

upon furnishing bail bonds of Rs.25,000/- (twenty five thousand) each with two sureties of the like amount each to the satisfaction of the Sessions

Judge, Bettiah, West Champaran, in Chanpatia PS Case No.328 of 2020, subject to the conditions (i) that one of the bailors shall be a close relative of

the petitioners, (ii) that the petitioners and the bailors shall execute bond with regard to good behaviour of the petitioners, and (iii) that the petitioners

shall also give an undertaking to the Court that they shall not indulge in any illegal/criminal activity, act in violation of any law/statutory provisions,

tamper with the evidence or influence the witnesses. Any violation of the terms and conditions of the bonds or the undertaking shall lead to

cancellation of their bail bonds. The petitioners shall cooperate in the case and be present before the Court on each and every date. Failure to

cooperate or being absent on two consecutive dates, without sufficient cause, shall also lead to cancellation of their bail bonds.

The application stands disposed off in the aforementioned terms.