IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44065 of 2009 BAJRANGI SINGH AWADHIYA, SON OF LATE MANEGER SINGH, RESIDENT OF VILLAGE-BABU BISHUNPUR, P.O. JADOPUR, P.S. JADOPUR, DISTRICT- GOPALGANJ……………………………………PETITIONER. Versus THE STATE OF BIHAR…………………OPPOSITE PARTY. ------------ For the Petitioner : Mr. Indrajeet Bhushan, Advocate. For the State : Mr. R.P.S. Singh, A.P.P. ---------- 2. 14.12.2009. Heard learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner is an accused in a case registered under Sections 8, 20 and 22 of the N.D.P.S. Act. The allegation, as set up in the First Information Report against the petitioner, is that the police saw two persons carrying bundle on their head. Seeing the police party, they tried to escape, however, one of them was apprehended and he had disclosed the name of this petitioner. It was stated by him that this petitioner had given him Rs.100/- for carrying ganja which belongs to the petitioner. It has also been alleged that both the persons - 2 - were carrying 10 kgs. of ganja each on their head. It has been submitted on behalf of the petitioner that he has got clean antecedent and he has been made accused in this case only on the basis of disclosure of his name by co-accused, Bunni Yadav. The petitioner was not apprehended at the spot. It has also been submitted that the person, who was apprehended on the spot, namely, Bunni Yadav, has already been granted bail by this Court vide order dated 27.11.2009 passed in Criminal Misc. No.35775 of 2009. It is further submitted that even if it is assumed that the petitioner was carrying 10 Kgs. of ganja, the same was less than commercial quantity. Having regard to the facts and the circumstances of the case, the petitioner, Bajrangi Singh Awadhiya, is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Sessions Judge, Gopalganj, in connection with Jadopur P.S. Case No.49/09, G.R. No.1794/09, Tr. No.84/09, with a further condition that one of the bailors of the petitioner must be the close relative or his family member, who will file affidavit before - 3 - the court below giving full genealogy showing his relationship with the petitioner. Further, if the petitioner, after his release, is again found to be involved in criminal case of similar nature, the court concerned will be at liberty to take steps for the cancellation of his bail bonds. P.S. (Dr. Ravi Ranjan,J)