IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36267 of 2008 SURESH YADAV, son of Shri Narayan Yadav, resident of Gaddiyani Tola Banawariya, P.S. Dhanaha, District West Champaran, Bettiah .. Petitioner Versus STATE OF BIHAR …… Opposite party ----------- 03/ 05.12.2008 Heard learned counsel for the petitioner and the State. Petitioner is an accused in a case under Sections 20, 22, 23, 25 of the NDPS Act and is named in the First Information Report along with Mahendra Chaudhary @ Mahendra Mallah and others. It is submitted on behalf of the petitioner that from his house 20 Kilograms of Ganja was recovered, which is commercial quantity, but such recovery was also made from the house of Mahendra Chaudhary @ Mahendra Mallah, who has been admitted to the privilege of bail by another Bench of this Court under orders dated 03.6.2008, passed in Cr. Misc. No. 21065 of 2008. It is further submitted on behalf of the petitioner that his antecedent is not clean as besides the present case, he is also accused in one another case, but the said case is not registered for the offence under the N.D.P.S. Act, which fact be verified by the court below and if correct, then petitioner, Suresh Yadav be released on bail on furnishing bail bond of Rs. 5,000/- (Rs. Five thousand only) with two sureties of the like amount each to the satisfaction of the A.D.J. 3rd , F.T.C. Bettiah, West Champaran in connection with Danaha 2 P.S. Case No. 29 of 2005 (G.R. No. 1997 of 2005), as he is in jail custody since 02.9.2007 as was Mahendra Chaudhary @ Mahendra Mallah. Arjun/ (V.N. Sinha, J.)