Subodh Kumar And Anr vs State Of Bihar And Anr

The matter has been heard via video conferencing due to circumstances prevailing on account of the COVID-19 pandemic.

Heard Mr. Umesh Chandra Verma, learned counsel for the petitioners and Mr. Mukesh Kumar Singh, learned Additional Public Prosecutor

(hereinafter referred to as the ‘APP’) for the State.

The petitioners are in custody in connection with NDPS 10 of 2020 arising out of Ghorasahan PS Case No. 62 of 2020 dated 17.02.2020, instituted

under Sections 18/20(b)(i)(ii)(C)/24/25 of The Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the ‘NDPS

Act’).

The allegation against the petitioners is that from a Scorpio vehicle and a motorcycle which the officials of the Sashastra Seema Bal had found and

searched at Motihari, 7.5 Kgs. of ganja was recovered and four persons, including the petitioners, were arrested at the spot.

Learned counsel for the petitioners submitted that besides the recovered quantity of ganja being below the commercial quantity under the NDPS

Act, the petitioners having no criminal antecedent are in custody since 18.02.2020. It was further submitted that from the reading of the complaint

itself it is clear that there is total lack of clarity with regard to whether the accused were caught from the Scorpio vehicle or the motorcycle or were

found near the said vehicles. Learned counsel submitted that out of the four accused, the two other co-accused Ajay Kumar and Shivam Kumar have

been granted bail by a coordinate bench on 02.12.2020 in Cr. Misc. No. 31559 of 2020.

Learned APP submitted that the petitioners have been caught with the contraband and further that 7.5 Kgs. Of ganja may be below the commercial

quantity but definitely much more than small quantity, as defined under the NDPS Act.

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 learned 6th

Additional Sessions Judge, Motihari, East Champaran in NDPS Case No. 10 of 2020 arising out of Ghorasahan PS Case No. 62 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 criminal

activity, 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.