IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9907 of 2010 ASHOK KUMAR SINGH . Versus THE STATE OF BIHAR . ----------- For the petitioner: Mr. N.A. Shamsi, Advocate. For the Union of India : Md. Abu Haider, C.G.C. For the State: Mr. Rajendra Singh Shastri, A.P.P. ------ 5/ 24.05.2010 Heard learned counsel for the petitioner, learned counsel for the Union of India and the State. Petitioner is languishing in jail since 09.02.2010 in a case registered under sections 20 and 22 of the N.D.P.S. Act. It is alleged in the F.I.R. that 3 bags and two kartoons kept under the berth no. 31 Coach no.A3 of Rajdhani Express were recovered during search at Katihar Railway Station. The actual travellers of berth no.31 were R.Kumar and P.Sharma but the ticket of only P.Sharma was confirmed against berth no. 31 from headquarter quota. The aforesaid passengers were not located then the alleged bags were unloaded at Katihar Station. When the train proceeded then it was found that bags contain 60 Kg. of ganja. Subsequently it is alleged in the F.I.R. that G.R.P. Havildar conveyed on phone to the informant after the train left the Katihar Station that one Ashok Kumar Singh, petitioner, was caught from the toilet without ticket and the said Ashok Kumar Singh was travelling in Coach No. A3 and was sitting at berth no.5. - 2 - It is submitted by learned counsel for the petitioner that there is no recovery from the possession of the petitioner and the seizure list, as contained in Annexure-2, also suggests that the recovery was made from coach no. A/3 berth no.31. The seizure list suggests that it was prepared at platform no.7 of Katihar Station. It is further submitted by learned counsel for the petitioner that criminal antecedent report of the petitioner was called for which is at flag-A which suggests that petitioner has clean antecedent. It is further submitted that the allegation of confession of the petitioner is not supported from the F.I.R. as allegation in the F.I.R. against the petitioner is only of travelling without ticket but subsequently the story of extrajudicial confession has been developed to save the actual accused Mr. P. Sharma who was travelling with alleged bags and bonafide passenger of berth no. 31 as the petitioner never confessed his involvement in the offence alleged. Learned counsel for the Union of India admits that recovery was not made from the possession of the petitioner and F.I.R. does not suggest any involvement of the petitioner or his making extrajudicial confession but F.I.R. suggests that petitioner’s conduct was suspicious. Learned counsel for the State submits that after going through the case diary it appears that though the - 3 - recovery of ganja is made but it is not from the possession of the petitioner nor even the seizure list was handed over to the petitioner and F.I.R. does not suggest that the petitioner ever made any extrajudicial confession or ever occupied berth no.31. In view of the fact that both counsels for Union of India and State admit that there is no recovery from the possession of the petitioner and the petitioner has no criminal antecedent, let the petitioner, namely, Ashok Kumar Singh, be enlarged on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Sessions Judge, Katihar in connection with Katihar Rail P.S. Case No. No. 10 of 2010 ( G.R. No. 10 of 2010). If the petitioner fails to appear on three consequent dates during trial, or gets involved in similar kind of offence then the trial court shall be at liberty to cancel the bail bonds of the petitioner. ( Dinesh Kumar Singh, J ) BTiwary/