IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Revision No.1219 of 2011 Subodh Singh son of Late Umesh Singh, resident of village- Gangasarai, P.S.- Barahiya, District- Lakhisarai. … Petitioner. Versus The State Of Bihar … Opp. Party. ---------------------------------- 2. 02.12.2011 The accused- petitioner has preferred this revision application against the order dated 25.8.2011 passed by the learned Additional Sessions Judge, Lakhisarai in Barahiya P. S. Case No. 02 of 2011 under Sections 21/22 of the N.D.P.S. Act and 272/273 I.P.C. by which the prayer of the petitioner to release the amount of Rs.70,500/- has been rejected. Learned counsel for the petitioner submits that although the petitioner is an accused in the aforesaid case, but no narcotic substance has been recovered from the possession of the petitioner. The police has seized the amount of Rs.70,500/- from his house which was sale proceed of wheat and Massor. The marriage of his sister is to be solemnized in the month of February 2012 and he is in need of aforesaid money. The petitioner is also ready to give sufficient sureties for the aforesaid amount. 2 Learned counsel for the State submits that the amount, if any, seized from the house of the petitioner may be released in favour of the petitioner, if he submits sufficient surety for it. After hearing learned counsel for both the parties and on perusal of the material on record, it appears that it is an admitted fact that no ganja has been recovered from the house of the petitioner. It is not a case of Prevention of Corruption Act in which the money with its number or any identification is required to be proved during the trial. Considering the facts and circumstances, in my opinion, the impugned order is not fit to be sustained. It is set aside. Learned trial court is directed to get the aforesaid money released in favour of the petitioner, if he gives sufficient proof that he is entitled to get the aforesaid money and furnishes the surety bond of Rs.1,00,000/- (One Lakh only) with two sureties of the like amount each to the satisfaction of the learned trial court and also undertakes that he will return the money if and when required by the learned trial court/ police. 3 With the aforesaid observation and direction, this petition is allowed. Let a copy of this order be sent to the court below through fax at the cost of the petitioner. Kanchan (Amaresh Kumar Lal, J.)