IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33519 of 2009 Shambhu Rai, Son of Sri Ram Ekbal Rai, Resident of Village Berua, P.S. Gaighat, Dist. Muzaffarpur. ------- Petitioner Versus State of Bihar --------- Opposite Party ----------- 4 22.2.2010 Heard learned counsel for the petitioner and counsel for the State. The petitioner seeking anticipatory bail for an offence under Sections 20/21/22/23 of the N.D.P.S. Act has his defence that it was only on the confession of co-accused and driver of the vehicle that his name had been mentioned in the prosecution report by alleging that he was the actual consignee. The police in course of investigation has however found that the jeep, in question, was actually recorded in the office of the District Transport Officer as a motorcycle. The consignment of Ganja being huge in quantity is said to be carried by two professional smugglers i.e. Dilip Kushwaha and Rajesh Kushwaha who are claimed to be the persons along with the petitioner indulging in such 2 unlawful activities. The statement of the apprehended co-accused, namely, Sheochandra Kumar that he was a mere driver of the vehicle and the whole consignment belonged to the petitioner is the only basis for implication of the petitioner in this case. The police, however, in course of investigation has found that there is no criminal antecedent of the petitioner. In that view of the matter, as investigation against the petitioner is still continuing, this court would direct that the petitioner will not be arrested till conclusion of the investigation of the present case. It is, however, made clear that if the police after completing investigation would file charge-sheet against the petitioner, the petitioner must immediately surrender and seek regular bail, which there would be decided on its own merits. Thus for the time being, if the petitioner, namely, Shambhu Rai, surrenders within a period of one month from today, he would be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two 3 sureties of the like amount each to the satisfaction of N.D.P.S. Case No. 52 of 2008 (Arising out of Chiraiya P.S. Case No. 45/2008) to the satisfaction of District & Sessions Judge, East Champaran, Motihari, subject to the condition as laid down under Section 438(2) of the Cr.P.C. which as indicated above would continue only till the investigation of the case is completed against the petitioner. With the aforesaid observation and direction this application is disposed of. Rsh (Mihir Kumar Jha, J.)