IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.8091 of 2011 Awadhesh Singh Versus The State Of Bihar --------- 03. 19.08.2011 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner, apprehends his arrest in connection with N.D.P.S. Case No. 105/2010 arising out of Bagaha P.S. Case No. 448/2010, pending in the court of learned Sessions Judge, Bettiah, West Champaran, is named accused in this case with allegation of recovery of narcotic substance from the house joint with other brothers. Submission is that recovery was made from the portion of the house under occupation of other brother. Further submission is that petitioner was hospitalized after sustaining fractures in leg since before and could be released from hospital much after said seizure and recovery etc. He has no concerned with the articles. Learned Additional Public Prosecutor in spite of drawing attention towards provision of Section 118 of the Indian Penal Code could not be able to refute this assertion that petitioner was hospitalized for such long period due 2 to fracture. Considering the facts and circumstances of the case, under special circumstances, in the event of his arrest or surrender within a period of four weeks, let the above-named petitioner be enlarged on bail on furnishing bail bond of sum of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Bettiah, West Champaran, in connection with N.D.P.S. Case No. 105/2010 arising out of Bagaha P.S. Case No. 448/2010, subject to condition under section 438(2) of the Code of Criminal Procedure, and additional condition to attend the court regularly at least for three years or till disposal of the case, whichever is earlier and in the event of failure on two consecutive dates, without any reasonable explanation, the privilege granted shall be deemed to be cancelled. Rajeev/ ( Akhilesh Chandra, J.)