IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7190 of 2010 ASHARFI RAUT son of late Jagan Raut, resident of village Senuwariya, Police Station Raxaul, District East Champaran, … …Petitioner Versus THE STATE OF BIHAR … OPPOSITE PARTY For the Petitioner: Mr. D.K. Tandon, Advocate For the State : Mr. Z. Hoda, APP For the Union of India: Mr. Md. Iqbal Hasan Rahman, Adv. ----------- 9 14.07.2010 Heard learned counsel for the petitioner, the State and the Union of India. The petitioner seeks bail in a case registered for offences punishable under sections 20, 22 and 24 of the N.D.P.S. Act and section 47(a) of the Excise Act. It is submitted on behalf of the petitioner that nothing has been recovered from his possession. The recovery, though, is of huge quantity of Ganja but the same is from the agricultural field of Sonelal Mahto, beside which there is “Bhusouli” (hut for storing husk) of the petitioner. It is further submitted that the petitioner has been framed and has been implicated on the ground that there is “Bhusouli” besides the field and three persons including the petitioner were found watching the stack of Ganja, however, nothing has come during the course of investigation connecting this petitioner with the recovered Ganja. It is also submitted that 2 the petitioner’s antecedent is clean. It is further submitted by learned counsel for the petitioner that it has not come during the course of investigation as to how such information was gathered by the police and what is the evidence against the petitioner. It is also contended that there is noting on record to show that the recovered Ganja belonged to the petitioner and also that he has not been made accused on any earlier occasion or in any other criminal case. Learned counsel also submits that no cogent evidence has come during the course of investigation against the petitioner that he was engaged in smuggling of Ganja. Further contention is that two other accused persons, who were allegedly watching the field, have already been granted bail by this Court vide order dated 17.03.2010 passed in Cr. Misc. No. 42385 of 2009. The petitioner is stated to be in custody since 18.08.2009. Thus, lastly it is contended that except the alleged secret information, as stated in the first information report, there is nothing against the petitioner other than suspicion. An affidavit has been filed on behalf of the State. However, it is stated by learned counsel for the State that though the recovery was made from the field of Sonelal 3 Mahto, but he has not been made an accused, rather the petitioner, whose “Bhusouli” was beside the field, has been made accused along with others as there was secret information that this petitioner was keeping the Ganja there. Learned counsel for the State also submitted that the petitioner along with others were watching the field, beside which there is “Bhusouli” of the petitioner. However, he could not show any material on record to suggest that concerned Ganja was kept by the petitioner. Learned counsel for the Union of India also supports the aforesaid submission made on behalf of the State. Having regard to the facts and circumstances of the case, I direct the abovenamed petitioner, ASHARFI RAUT, to be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Sessions (Special) Judge, Motihari in Raxaul Police Station Case No. 129/2009 with further condition that one of the bailors must be close relative or family member of the petitioner, who shall state on affidavit before the court concerned, giving complete genealogy, as to how he or she is related with the petitioner. 4 Further, after his release, if the petitioner is again found involved in similar kind of offences, the court concerned would be at liberty to take steps for cancellation of his bail bonds. It is further made clear that the court concerned shall proceed and dispose of the concerned trial in accordance with law on its own merit without being prejudiced by any finding or observation made in this order. SC ( Dr. Ravi Ranjan, J.)