IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.469 of 2011 NAND KISHORE SHAW Versus THE STATE OF BIHAR & ANR. ----------- 4. 08.03.2011. Heard learned counsels for the petitioner and the State. The petitioner being the owner is apprehending his arrest in a case registered under Section 20(b),(ii)(C),Sections 23 and 24 read with Section 29 of the N. D. P. S. Act. The Customs Department seized 520 Kg. of Ganja from the truck in question. The accusation against the petitioner in paragraph no. 8(vi) of the complaint is to be following effect:- “(vi) He is the driver of the said vehicle from last one year and loaded the said Ganja near Narayani factory in Nepal and was going to Raiganj of West Bengal. He has further confessed that his owner Sri Nand Kishore Shaw has directed him to load anything in case of shortage of money.” The complaint petition does not reflect the connivance of the petitioner in loading the alleged contraband. 2 Learned Sessions Judge has rejected the anticipatory bail application on the sole ground that the petitioner did not appear before the Custom authorities and hence violated the provisions under Section 67 of the N. D. P. S. Act. Annexure-5 to this present application reflects that the petitioner’s statement was recorded on 03.03.2010 by the Customs authorities. The major portion of queries by the Customs Department relates purchase of the truck, status of the petitioner and least about the accusation. Considering the fact that the recovery has not been made from possession of the petitioner and the statement has been made in the petition that the petitioner has no criminal antecedent, let the petitioner, above named, be released on bail in the event of arrest or surrender before the learned court below within a period of twelve weeks from today in connection with N. D. P.S.Case No. 03 of 2010 on furnishing 3 bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned District and Sessions Judge, East Champaran, Motihari, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. It is made clear that the petitioner will co-operate with the Investigating Agency as and when required. Any non co-operation of the petitioner will give liberty to the prosecution to file appropriate application before this Court. U. K. ( Dinesh Kumar Singh, J)