Upendra Pasi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20372 of 2018 Arising Out of PS. Case No.-50 Year-2017 Thana- RISHIUP District- Aurangabad ====================================================== Upendra Pasi S/o Late Barak Pasi, R/o Village- Bhagatganj, P.S.- Dinara , District- Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Leelawati Kumari For the Opposite Party/s :

Mr. Sri Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 31-07-2018 Heard learned counsels for the petitioner and the State. The petitioner, already in custody, seeks bail in connection with Risiup P.S.Case No. 50 of 2017 registered under Sections 8,20(b)(ii)(c), 25 and 29 of the Narcotic Drugs and Psychotropic Substance Act.

Allegation in brief is that on secret information, a truck was intercepted by the police and 395 Kg Ganja, concealed in the hood of the driver's cabin, was recovered and the driver of the truck was apprehended along with this petitioner, which is said to be the associate of the driver.

Submission is that petitioner is neither the driver nor the cleaner of the vehicle, he had taken lift to go to village on the way and had no knowledge about contraband item being carried out in the truck and recovery from the possession of the

Patna High Court Cr.Misc. No.20372 of 2018(5) dt.31-07-2018 2/2 petitioner is Rs. 100 cash and one mobile and the driver revealed that the consignment was to be supplied to some other persons at Aurangabad and so-called confessional statement made before the police by the petitioner, in fact, was not made by the petitioner and this petitioner has also no criminal antecedent.

Having considered the nature of offence transpiring during investigation, the petitioner, namely, Upendra Pasi, is directed to be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned 1st Additional Sessions Judge-cumSpecial Judge (NDPS) Act, Aurangabad in connection with Risiup P.S. Case No. 50 of 2017 with condition that one of the bailor must be his close family member. Petitioner shall remain physically present on each and every date during trial and in case of failure on two consecutive dates without any reasonable cause, his bail bond shall be liable to be cancelled. (Arun Kumar, J) sujit/- U T