IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.8572 of 2008 RAGHUBIR YADAV Versus THE STATE OF BIHAR ******** 2 15.05.2008 Heard Counsel for the petitioner and the A.P.P. representing the State. The petitioner is an accused in a case under Sections20B/23 of the Narcotics Drugs and Psychotropic Substances Act. Counsel for the petitioner submits that there is no recovery from the conscious possession of the petitioner and even if the prosecution story is taken to be true, it is the two persons who were following the petitioner at the time of chase, search and seizure who had actually been carrying the consignment of 47.9 kgs. Of ganja. The petitioner claims that as a matter of fact, he is a resident of Nepal and was going to the village of her daughter to meet her. The petitioner further claims that he has no criminal antecedents. Considering the fact that no recovery has been made from the conscious possession of the petitioner and there is nothing to link him directly with the alleged recovery of ganja, this Court directs for the release of the petitioner Raghubir on bail in Ladania Police Station Case No. 112 of 2007 on furnishing bail bond of Rs. 10,000/- 2 with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Madhubani with condition that one of the bailors must be the daughter of the petitioner namely Bhulli Devi, resident of village Saupatiha Karharba under the Ladaniya Police Station. Anand (Mihir Kumar Jha, J.)