IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.9370 of 2011
LAL BAHADUR ROY s/o Sri Shital Roy, resident of village- Pand,
P.S.- Dalsinghsarai, District- Samastipur.
Versus
THE STATE OF BIHAR .
with
Cr.Misc. No.9583 of 2011
MURARI SINGH s/o Radha Raman Singh, resident of village +
Post- Mahisaur, P.. - Jandaha, District- Vaishali
(Hazipur)(Bihar).
Versus
THE STATE OF BIHAR .
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2 25.3.2011 The petitioners , in these applications, are in custody
in relation to Giriyak P.S.Case no. 182 of 2010 instituted under
the provisions of N.D.P.S.Act.
It is alleged that upon information while checking the
public carrier bus traveled from Darbhanga to Tata, it was found
that in the baggage compartment there is a consignment of 45
Kg. of Ganja. The driver and conductor disclose that it belongs
to passenger Jata Shankar Roy. Jata Shankar Roy was arrested
but considering the conduct of the driver and the conductor they
were also made accused. It is alleged that upon confessional
statement of Jata Shankar Roy, the petitioner, who happens to be
his elder brother has also been named as the main person for
this smuggling of Ganja. Admittedly, the petitioner was not
found there and Lal Bahadur Roy has been arrested from the
house whereas elder brother, who was carrying ganja is in
custody.
So far as Murari Singh is concerned, he is the driver
of the public carrier bus and it is submitted on behalf of the
2
petitioner that he cannot be made responsible for what
passengers carry.
Be that as it may, let above named petitioners be
released on bail on furnishing bail bond of Rs. 10,000/- (ten
thousand) each with two sureties of the like amount each to the
satisfaction of Special Judge-cum-Sessions Judge, Nalanda, in
Giriyak P.S.Case no. 182 of 2010 (G.R.No. 12/2010).
Singh ( Navaniti Prasad Singh, J.)