IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45381 of 2009 1. JAYNATH RAI, SON OF LATE RAM CHANDRA RAI. 2. ABDHESH RAI, SON OF RAM ESHWAR RAI. BOTH RESIDENTS OF VILLAGE-NAYATOLA RAGHOPUR, POLICE STATION-BAKHTIYARPUR, DISTRICT-PATNA……………………..PETITIONERS. Versus THE STATE OF BIHAR…………….OPPOSITE PARTY. ------- For the Petitioners : M/s. Asoka Jang Bahadur & Brajesh Sahay, Advocates. For the State : Mr. Bishweshwar Ram, A.P.P. For the Union of India : Mr. Md. Abu Haider, C.G.C. -------- with Cr.Misc. No.10939 of 2010 SUBODH RAI, SON OF LATE NAGENDRA RAI, RESIDENT OF VILLAGE-NAYA TOLA, P.S. BAKTIYARPUR, DISTRICT-PATNA……..PETITIONER. Versus THE STATE OF BIHAR……………..OPPOSITE PARTY. ---------- For the Petitioner : Mr. Niraj Kumar, Advocate. For the State : Mr. Anuj Kumar Shrivastava, A.P.P. For the Union of India : Mr. Md. Abu Haider, C.G.C. ----------- 6. 30.3.2010. Both cases arise out of the same Special Case No.60 of 2009 arising out of Bakhtiyarpur P.S. Case No.186 - 2 - of 2009 and the same occurrence, thus, they have been heard together and are being disposed of by this common order. Heard learned counsel for the petitioners as well as the learned A.P.P. for the State and the learned counsel for the Union of India. The petitioners seek bail in a case registered under Sections 21 and 22 of the N.D.P.S. Act. As per the allegation set up in the First Information Report, the police on information had found four big gunny bags and one small gunny bag, kept by the side of the road and four persons including the petitioners were found standing there. Three of them were apprehended but the fourth one had managed to escape. Huge quantity of Bhang kept in the gunny bags alongwith 2 ½ Kgs. of Ganja as well as 9 purias of smacks containing one gram each (total 9 gms.) had been recovered. It has been submitted on behalf of the petitioners that nothing has been recovered from the conscious possession of the petitioners as the allegation is that the petitioners were standing besides the gunny bags. It has - 3 - also been contended that no chemical examination has been done to establish that the material found in the ‘purias’ was smacks. It is also contended that even if it is assumed that 2½ Kgs. of Ganja and 9 Gms. of smacks have been recovered, all are much below the commercial quantity. It is also stated that the Bhang is not covered under the N.D.P.S. Act. Petitioners are stated to be in custody since 24.9.2009 and chargesheet has been submitted without any chemical examination of the recovered material. Learned A.P.P. for the State as well as the learned counsel for the Union of India jointly submit that apart from Bhang kept in gunny bags, 2 ½ Kgs. of Ganja and 9 Gms. of Smacks which is also known as heroin has been recovered from the possession of the petitioners, however, it is submitted that in case of heroin the commercial quantity is 200 Gms. whereas in the case of Ganja, such is 20 Kgs. Affidavit has been filed on behalf of the State which shows that the seized articles are yet to be chemically examined. Having regard to the facts and the circumstances of the case, the petitioners, namely, (1) Jaynath Rai and (2) Abdhesh Rai (in Criminal Misc .No.45381 of 2009) and - 4 - Subodh Rai (in Criminal Misc. No.10939 of 2010), are directed to be released on bail on their furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the District and Sessions Judge, Patna, in connection with Special Case No.60/2009 arising out of Bakhtiyarpur P.S. Case No.186 of 2009, with a further condition that one of the bailors in case of each of the petitioners must be the close relative or his family member, who will file affidavit before the court below giving full genealogy showing his or her relationship with the petitioners. Further, after their release in this case, if the petitioners are again found to be involved in criminal case of similar nature, the court concerned would be at liberty to take steps for cancellation of their bail bonds. P.S. (Dr. Ravi Ranjan,J)