IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19930 of 2009 MD.NAHEED ALAM, SON OF MD. SAGIRUDDIN @ MD. SAMIRUDDIN, RESIDENT OF VILLAGE- BIRUA, POLICE STATION- KOCHADHAMAN, DISTRICT- KISHANGANJ.---- PETITIONER Versus STATE OF BIHAR ----------- 2 11.6.2009 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. Petitioner is an accused in a case under Sections 20, 22 and 25 of the N.D.P.S. Act and 35 of the Arms Act. The allegation in the First Information Report is that the petitioner was caught at the Gumti of Ashraf Hussain with 3 Kgs. of Ganja. After investigation the police submitted final form stating therein that the Ganja was recovered along with the fire arms, live cartridges and daggers from the shop of Ashraf Hussain. Learned Sessions Judge while considering the bail application of the petitioner has not given any material or reason for rejecting the bail of the petitioner except for saying that cognizance has also been taken against the petitioner under Sections 20 and 29 of the N.D.P.S. Act. Learned counsel for the petitioner 2 submits that the petitioner has been made accused as he was present at the Gumti and the recovery was made from the Gumti and not from the possession of this petitioner. Considering this aspect, petitioner Md. Naheed Alam is directed to be released on bail in connection with Kishanganj P.S. Case No. 348 of 2008 on furnishing bail bond of rupees ten thousand with two sureties of the like amount each to the satisfaction of the Special Judge, Purnea with the condition that one of the bailers should be a close family member of the petitioner. Sanjay (Sheema Ali Khan, J.)