IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44939 of 2009 VIKASH PRASAD @ Vikash Kumar son of Late Jagdish Prasad Versus STATE OF BIHAR ----------- 2. 22.12.2009. Learned counsel for the petitioner is permitted to make necessary correction in the name of the petitioner. Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 20/22 of the NDPS Act. Taking into consideration the fact that recovery of 25 Kgs. Ganja was not made from the possession of the petitioner and when the petitioner’s brother Dhananjay Prasad @ Munna Prasad was questioned about the same he stated that he indulged in smuggling and specifically stated that the petitioner was running a Kirana shop in the house and there is error of record that the petitioner was named in the confessional statement of his brother, let the petitioner above named who has no criminal antecedent be released on bail on furnishing bail bond of Rs. 5,000/- with two sureties of the like amount each to the satisfaction of Sessions Judge, Siwan in connection with Mairwa P.S.Case No.107 of 2009 subject to the following conditions: (a) that one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner, (b) that the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable - 2 - to be cancelled. Md.S. (Anjana Prakash,J.)