Gautam Rai @ Gautam Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39647 of 2020 Arising Out of PS. Case No.-03 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- East Champaran ====================================================== GAUTAM RAI @ GAUTAM KUMAR RAI, SON OF SHIVPUJAN RAY RESIDENT OF VILLAGE DAHIYAWA, NEAR UMANATH TEMPLE P.S. CHAPRA TOWN DISTRICT SARAN.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mukesh Kumar Singh For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 07-06-2021 Heard Mr. Mukesh Kumar Singh, learned counsel for the petitioner and Mr. Manoj Kumar Singh, learned counsel for the NCB.

The petitioner seeks bail in anticipation of his arrest in connection with F.N.NCB / PZU / V / 03 / 2020, dated 19.02.202, instituted for the offences under Sections 20(b) ii(C), 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

Two persons, namely, Ajay Kumar and Rajan Kumar have been arrested with 50 kgs of Charas. One of them has disclosed before the police that the

Patna High Court CR. MISC. No.39647 of 2020(2) dt.07-06-2021 2/3 consignment was meant to be delivered to the petitioner. Hence, the prosecution of the petitioner in the instant case.

The learned counsel for the petitioner has submitted that except for the confession of an arrested accused person, there is no other material to connect the petitioner with the alleged offence. He further submits that the petitioner has absolutely clean antecedents and has not been made accused in any case whatsoever in the past.

The learned counsel for the petitioner has also drawn the attention of this Court to the reason for one of the arrested accused persons to have falsely taken the name of the petitioner in his confessional statement. Considering the afore-stated facts, the petitioner, above-named, is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his

Patna High Court CR. MISC. No.39647 of 2020(2) dt.07-06-2021 3/3 furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge / Special Judge NDPS Act, East Champaran, Motihari, in connection with F.N.NCB / PZU / V / 03 / 2020, subject to the conditions as laid down under Section 438 (2) Cr.P.C.

However, it is made clear that the petitioner shall participate in the investigation and his refusal to do so or in case of his non-cooperation, the bail granted to him shall be liable to be cancelled.

The application stands disposed off.

(Ashutosh Kumar, J) skm/- U T