Natwar Barman vs The State Of Bihar
2021 Latest Caselaw 587 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No.36928 of 2020
  Arising Out of PS. Case No.-23 Year-2019 Thana- GOVERNMENT OFFICIAL COMP.
                                    District- Purnia
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Natwar Barman, male, aged about 29 years, son of Nilen Barman, R/o Village Chekdara Balrampur, P.S- Topganj, District- Kochibar, West Bengal

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ranvir Kumar, Advocate For the State : Dr. Mrityunjaya Kumar Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 02-02-2021

Heard Mr. Ranvir Kumar, learned counsel for the

petitioner and Dr. Mrityunjaya Kumar Gautam, learned

Additional Public Prosecutor (hereinafter referred to as the

'APP') for the State.

2. The petitioner is in custody in connection with Special

Case No. 23 of 2019 arising out of P.R. No. 37 of 2019,

instituted under Section 20(b) of the Narcotic Drugs and

Psychotropic Substances Act, 1985.

3. The allegation against the petitioner is that he was

caught near the Bihar-West Bengal border and from the sack

being carried by him, 4 kgs. of ganja was recovered.

4. Learned counsel for the petitioner submitted that the

petitioner does not speak Hindi and because the police was Patna High Court CR. MISC. No.36928 of 2020 dt.02-02-2021

demanding illegal gratification from him, he could not

understand or satisfy, he has been falsely shown to be carrying 4

kgs. of ganja. It was submitted that the petitioner having no

criminal antecedent is in custody since 13.09.2019. It was

submitted that even the said amount is much less than

commercial quantity.

5. Learned APP submitted that 4kgs. of ganja has been

recovered from the petitioner. However, he could not controvert

the fact that it is much below the commercial amount.

6. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, let the

petitioner be released on bail upon furnishing bail bonds of Rs.

25,000/- (twenty five thousand) with two sureties of the like

amount each to the satisfaction of the learned Special Judge,

NDPS Act, Purnea in Special Case No. 23 of 2019 arising out of

P.R. No. 37 of 2019, subject to the conditions (i) that one of the

bailors shall be a close relative of the petitioner, (ii) that the

petitioner and the bailors shall execute bond with regard to good

behaviour of the petitioner, and (iii) that the petitioner shall also

give an undertaking to the Court that he shall not indulge in any

illegal/criminal activity, act in violation of any law/statutory

provisions, tamper with the evidence or influence the witnesses.

Patna High Court CR. MISC. No.36928 of 2020 dt.02-02-2021

Any violation of the terms and conditions of the bonds or the

undertaking shall lead to cancellation of his bail bonds. The

petitioner 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 his bail bonds.

7. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J)

Anjani/-

AFR/NAFR U T