IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17297 of 2008 MUKESH JAISWAL Versus THE UNION OF INDIA & ANR ----------- 6. 7.8.2008 Heard learned counsel for the petitioner and Union of India. The petitioner is an accused for the offence under the N.D.P.S. Act. It is submitted that the vehicle in question was taken by the petitioner from Smt.Shakuntala Devi Lohia, the owner of the vehicle, for trial in order to purchase the same on 15.10.2006. The said vehicle was, however, stolen from the possession of the petitioner on 28.10.2006. A first information report was lodged with regard to theft on the same date vide annexure-4. The police after investigation found the fact of theft true. However, it was clueless as mentioned in the final form submitted by the police as contained in annexure-17 of the supplementary affidavit. Learned counsel for the petitioner submits that co-accused, the owner of the vehicle, namely, Shakuntala Devi Lohia, against whom cognizance was taken was quashed by this Court as per the order dated 10.12.2007 passed in Cr.Misc. No.39976 of 2007. A certified copy of the same has been produced by the learned counsel for the petitioner. Let it be kept on the record. He further submits that the vehicle in question was seized on 11.11.2006 with alleged carrying 156 Kgs. of Ganja. However, since the vehicle was not in possession of the petitioner from 28th October, 2006 as the same was being stolen, the petitioner cannot be held responsible for anything happened thereafter. Learned counsel appearing on behalf of Union of India 2 (Custom) submits that taking into consideration the huge quantity of Ganja recovered from the vehicle in question, the petitioner is not entitled to be granted anticipatory bail. Considering the submissions made by the learned counsel for the parties and upon perusal of the allegation made against the petitioner and also other materials brought on the record, it is directed that in the event of arrest/surrender within a period of four weeks from today the petitioner, Mukesh Jaiswal, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Fast Track Court-IV, Bettiah, in connection with T.R. No.31 of 2007(Ref. O/C 5/06) arising out of Custom (P) Bettiah Seizure Unit Case No.VIII(10) 48-Cus/Seize BTH/06-07 dated 11.11.2006 subject to the conditions as laid down under section 438(2) of the Code of Criminal procedure. Md.S. (Shailesh Kumar Sinha,J.)