IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41069 of 2009 SHRAVAN DAS son of Sri Banaras Das, r/o village Malikpur, P. S. Raghopur, District- Vaishali…. Petitioner. Versus STATE OF BIHAR ----------- 2. 30.11.2009. Heard counsel for the petitioner and counsel for the State. The petitioner faces prosecution for offence under Section 20/22 of the NDPS Act and it is said that on being searched his person there was a recovery of 11.5 Kg of Ganja which was said to be carried by him to Patna Junction by way of consignment of one Ashok Rai who is said to be dealing in the business of Ganja. Counsel for the petitioner would submit that not only the petitioner has got clean antecedent but also in fact recovery was not made from his possession and in any event it would not be a commercial quantity. This court would find that there are clear materials to show that the petitioner had got down from Tempo when search operation was undertaken by prosecution party and it is from his possession two bags bearing 11.5 kilogram of Ganga was recovered. The plea of the petitioner being carrier and his having 2 no criminal antecedent therefore would be the only circumstance for his being released on bail and that can only be possible if he undergoes at least judicial custody for a period of six months. The petitioner who is in custody since 10.8.2009 therefore is directed to be released on bail on or after 10th February 2010 on his furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Session Judge, Patna in connection with Special Case No. 45/09, Didarganj P. S. Case No. 126 of 2009, subject to a condition that one of the bailors must be a close family member of the petitioner. It is, however, made clear that if the petitioner now is found to be indulging himself in similar activities, his present bail shall also stand cancelled. The court below, however, before releasing the petitioner on bail, would be satisfied with regard to criminal antecedent of the petitioner. kanchan (Mihir Kumar Jha, J.)