Shatrudhan Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17971 of 2022 Arising Out of PS. Case No.-135 Year-2021 Thana- NADI P.S. District- Patna ====================================================== SHATRUDHAN DAS Son of Late Nandu Das Resident of VillageRustampur, P.S.- Raghopur, District- Vaishali. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anurag Pandey, Advocate For the Opposite Party/s :

Mr. Sunil Kumar Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-09-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through the virtual Court proceedings. Let the defect(s), if any, be removed within a period of four weeks.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 8, 20, 22 and 29 of the NDPS Act.

Learned counsel for the petitioner submits that petitioner is a person with clean antecedent. The informant alleges that one minor aged about 17 years was caught with 2.5 Kg. of Ganja and he disclosed that the Ganja was given to him by this petitioner and he was merely carrier for Rs.200/-.

Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was

Patna High Court CR. MISC. No.17971 of 2022(2) dt.23-09-2022 2/3 recovered from his conscious possession. It is further submitted that confessional statement per se does not have any evidentiary value in the eye of law until and unless any corroborative material also comes in the investigation to connect the petitioner with the offence. It is next submitted that petitioner is aged about 50 years and till now he is a person with clean antecedent and all of a sudden a case under the NDPS Act has been lodged against him.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner and submits that the matter is still under investigation.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.25,000/- (Rupees Twenty-five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Special (NDPS) Case No. 135 of 2021 arising out of Nadi P.S. Case No. 135 of 2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. and one of the bailors of the

Patna High Court CR. MISC. No.17971 of 2022(2) dt.23-09-2022 3/3 petitioner shall be his wife Parwati Devi and further if the police after investigation submits charge-sheet connecting the petitioner with the offence then the present anticipatory bail order shall lose its effect.

(Satyavrat Verma, J) Kundan/- U T