IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41722 of 2009 1. Rizwan Alam, S/o Mahmood Alam, resident of Village- Chiktoli Lean, Marshal Bazar Bibiganj, P.S.-Danapur, District-Patna. 2. Mahfooz Alam, S/o Late Nizamudin, R/O Chiktoli Lean, Marshal Bazar, P.S. Danapur, District-Patna…..Petitioners. Versus The State of Bihar ………………………………Opposite Party. ----------- 2. 03. 12. 2009. Heard learned counsel for the petitioners and the State. The petitioners are accused in a case for offences punishable under Sections 20/120 of N.D.P.S. Act. Taking into consideration the recovery was merely 5 K.G. Ganja from the outer room of the Petitioner No 2 in which there is no door and window, rather it is open. As per prosecution case, recovery has not been made from the room/house of Petitioner No. 1. Moreover, recovered article is lesser than the commercial quantity and petitioners have no criminal history. The petitioners are in custody since 01. 10. 2009. Considering the facts and circumstances of the case, the petitioners, namely, Rizwan Alam and Mahfooz Alam are directed to be released on bail on furnishing bail bond of Rs. 5000/- (Five thousand) each with two sureties of the like amount each to the satisfaction of the Special Judge- cum-District & Sessions Judge, Patna, in connection with Special Case No. 61/09 (arising out of Danapur P.S. Case No. 306/2009) with a further conditions that one of the bailors will 2 be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners and the affidavit shall clearly state that the petitioners are not accused in any other case and if they are they shall not be released on bail and also the petitioners will be well represented on each date if they fail to do so on two consecutive dates, their ball will be liable to be cancelled. m.p. (Anjana Prakash, J.)