IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19414 of 2011 Md. Arif Gaddi @ Md. Arif Versus The State Of Bihar ----------- 2 08-07-2011 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the state as well as learned counsel appearing for SSB. Allegedly, the petitioner was cautht red handed while he was carrying 18 kg. Ganja by a bullock cart. The contention of learned counsel for the petitioner is that the informant, being head constable has got no power to make search and seizure and moreover, the seized bullock card belonged to one, Wakil Mian in whose favour, the aforesaid bullock card has already been released. It is contended by him that as a matter of fact, the aforesaid, Wakil Mian was caught with the aforesaid Ganja but the informant, in collusion with the aforesaid , Wakil Mian, implicated the petitioner in this false case. It is further contended by him that moreover, the alleged recovery of Ganja does not come under the ambit of commercial quantity and the petitioner is in jail custody since 25/01/2011. Taking into consideration the aforesaid facts and circumstances as well as submission of the parties, let the petitioner, namely, Md. Arif Gaddi @ Md. Arif be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each in connection with Bhangaha P.S. Case No. 04 of 2011 to the satisfaction of Sessions Judge, 2 Bettiah, West Champaran subject to condition that one of the sureties must be local and holder of landed property. AKV/- ( Hemant Kumar Srivastava,J.)