IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.118 of 2011 KALAM MIAN Versus THE STATE OF BIHAR ----------- 3 31.03.2011 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Allegedly, 16 Kg. Ganja kept in two packets were recovered from the Baithka of the petitioner. It is admitted case of the prosecution that the aforesaid Baithka was situated on an open land. The contention of learned counsel for the petitioner is that the hut from which the alleged recovery has been made belongs to one Nur Mohammad. To fortify the above stated contention, he drew my attention towards sale deed dated 24.6.1997 executed by one Nawal Kishor Singh in favour of Nur Mohammad. Learned counsel for the petitioner further, submits that the boundary given in the aforesaid sale deed tallies with the boundary given in the description of place of occurrence of the present case. Taking into consideration the above 2 stated submissions as well as this aspect of the matter that the above stated recovery has not been made from conscious possession of the petitioner and the petitioner is languishing in jail custody since 01-12-2010, let the petitioner, namely, Kalam Mian be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Bettiah, West Champaran in connection with Gopalpur P.S. Case No.55/2010. PN (Hemant Kumar Srivastava, J.)