IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.10756 of 2009 ***** Santosh Kumar @ Santosh Kumar Bhagat, son of Sri Bodh Narayan Bhagat, resident of village & P.S.- Bihariganj, Distt-Madhepura. …. …. Petitioner Versus The State of Bihar …. …. Opposite party ----------- 4. 11.9.2009. Heard learned senior counsel for the petitioner and the learned A.P.P. for the State. Banmankhi P.S. Case No.38/08 which relates to Special Case No.16/08 was registered under Section 20(B) of N.D.P.S. Act. Petitioner is supposed to be one of the accused and is in custody for almost ten years now. As per the F.I.R. a raid was conducted in the house and 43 kilograms of ganza was recovered from the alleged room of the brother of the petitioner, namely, Sanjay Kumar @ Santu. Submission of learned senior counsel appearing for the petitioner is that it is a common living area and originally a joint family property but separated now and even otherwise petitioner does not live in Bihar and is working in Haryana for last 4-5 years. Merely because the petitioner happens to be the brother of Sanjay Kumar @ Santu he has also been made an accused. It is also stated that the petitioner has no antecedent of any kind, therefore, he should be given the benefit of bail. Taking into consideration the submission and evidence which has been brought on record in the supplementary affidavit, let the petitioner, namely, Santosh Kumar @ Santosh Kumar Bhagat be enlarged on bail on furnishing bail bond in the sum of Rs.20,000/- (Twenty Thousand) with two sureties in the like amount each to the satisfaction of - 2 - Special Judge, Purnea in connection with Special Case No.16/08 (Banmankhi P.S. Case No.38/08). One of the sureties will be executed by the father of the petitioner and the other one by a close relation on due identification by the court below. It is further recorded that petitioner will cooperate in trial and will be represented either through himself or through his counsel and will not abscond from law. Pawan/- (Ajay Kumar Tripathi, J.)