IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19765 of 2009 RAMESH KUMAR YADAV Versus STATE OF BIHAR ----------- 05. 27.08.2009 Heard learned counsels for the petitioner and Union of India. Sole petitioner has approached this court seeking bail in a case instituted under Sections 42 of the N.D.P.S.Act. Allegation as per F.I.R. is that he was apprehended carrying cartoon(s) on his Auto Rickshaw. The cartoon(s) contained certain injectible amples of Dizepam. The petitioner thereafter made his voluntary statement under Section 67 of the N.D.P.S.Act. According to such disclosure, he owns the said Auto Rickshaw in the ‘Pradhan Mantri Rozgar Yojna’ and drives the same for himself and earns livelihood. On that particular day, while he was returning from Champanagar to Jogwani, one Sanjeev Malik is said to have hired the vehicle. He was paid the transportation charges and the cartoon(s) were kept on the rear side of the Auto Rickshaw. Petitioner discloses in great detail the manner, in which it was done and hirer was proceeding ahead on a two wheeler. He also disclosed the place where the consignment was to be delivered. Looking to the statements made by the petitioner particularly, those contained in paragraph nos. 7,9,10 and 12 this court gets an impression that petitioner has probably been used as a scapegoat. The cartoon(s) contained 2 injection amples and the statement of the petitioner that he did not know the injection amples also constitute articles/drugs notified under the N.D.P.S. Act appears to be bonafide and reasonable. In the facts and circumstances of the case, petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 10,000/- ( ten thousand) with two sureties of the like amount each to the satisfaction of the Sessions Judge-Cum- Special Judge , Purnea in connection with Divisional Preventive Unit Case no. 141 of 2008-09 vide Special Case no. 6/09, subject to the following conditions: (i) One of the bailors should be the own/close family member of the petitioner. (ii) Once the charges are framed in the case, the petitioner shall appear in person before the court below on each date fixed at the trial. In case of default on two consecutive dates, it shall be open to the trial court to cancel his bail bond and secure his arrest in accordance with law. Sym/ (Kishore K. Mandal, J.)