Sri Bhagwan Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6639 of 2021 Arising Out of PS. Case No.-342 Year-2020 Thana- RAXAUL District- East Champaran ====================================================== SRI BHAGWAN DAS SON OF BINDESHWAR DAS R/O VILLAGEDHANHARDIHULI, P.S.- RAMGARHWA, DISTRICTEAST CHAMPARAN.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Singh, Advocate For the Opposite Party/s :

Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 19-07-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State through video conferencing.

The petitioner has filed the instant application for grant of regular bail in connection with N.D.P.S. Case no. 38 of 2020 (arising out of Raxaul (Haraiya O.P.) P.S. Case no. 342 of 2020) registered under sections 27, 27(a) and 27(b)(A) of the Drugs and Cosmetics Act, 1940 and section 22(B) of the NDPS Act.

As per allegation in the FIR, on information having been received, a raid was conducted and different medicines were recovered from an e-rickshaw being driven by this petitioner. Two other persons on the e-rickshaw were also taken into custody.

It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.6639 of 2021(4) dt.19-07-2021 2/2 that from perusal of the FIR itself it would transpire that the petitioner happens to be the poor driver of the e-rickshaw, which was carrying passengers. He cannot be expected to know the contents of the goods in the bags being carried by his passengers. He has no criminal antecedent and is in custody since 11.9.2020.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and in view of the facts and circumstances of the case including the petitioner having remained in custody for 10 months, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with N.D.P.S. Case no. 38 of 2020 (arising out of Raxaul (Haraiya O.P.) P.S. Case no. 342 of 2020) on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 3rd Additional Sessions Judge, Motihari at East Champaran.

Spd/- (Partha Sarthy, J) U T