IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11258 of 2010 VINAY SINGH, S/o Sheo Nandan Singh. Versus THE STATE OF BIHAR with Cr.Misc. No.12939 of 2010 RAJU SINGH, S/o Jagropan Singh. Versus THE STATE OF BIHAR with Cr.Misc. No.22682 of 2010 RAUSHAN ALI @ MD. RAUSHAN ALI, S/o Late Haider Ali. Versus THE STATE OF BIHAR with Cr.Misc. No.13324 of 2010 1. MD.JAGU, S/o Late Dost Muhammad. 2. Md. Haqeek, S/o Gulam Rasul Versus THE STATE OF BIHAR ----------- 06. 01.09.2010 By order dated 05.07.2010 the S.P. Aurangabad has transmitted a report of the weight of contraband articles recovered from the possession of the petitioners to the APP which is kept on record. Heard learned counsel for the petitioners, State and the Union of India. The petitioners seek bail in a case instituted for the offences under Sections 20 and 22 of the N.D.P.S. Act. It has been submitted that the petitioners were arrested only on suspicion and from the possession of the petitioner, Raju Singh six packets of alleged smack and ten packets ganja, petitioner, Md. Haqeek eight packets of smack and fifteen packets of ganja, petitioner, Md. Jagu 2 seven packets of smack and twenty packets of ganja, petitioner, Raushan Ali six packets of smack and five packets of ganja, petitioner, Vinay Singh five packets of smack and twenty packets of ganja was recovered. Unfortunately, in the First Information Report no weight of the articles were mentioned and therefore this Court by order dated 05.07.2010 directed the S.P. to make an inquiry with regard to the same. Now it appears that the articles have been weighed before the Judicial Magistrate, 1st Class, Aurangabad and the total weight of alleged thirty packets of smacks was 3.5 grams and seventy three packets of ganja was 181 grams. The petitioners seek bail on the basis of the weight of the articles recovered which is much lesser than the commercial quantity as also that they have no criminal antecedents. Considering the same, let the petitioners, above named be released on bail on furnishing bail bonds of Rs. 5,000/- (Five Thousand) each with two sureties of the like amount each or any other surety as fixed by the Court to the satisfaction of District and Sessions Judge, Aurangabad in connection with Aurangabad Nagar P.S. Case No. 12 of 2010 subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to 3 how he is related with the petitioners and the other bailor shall be the father/brother/wife of the petitioners. The bailor will also undertake to inform the Court if there is any change in the address of the petitioners. (ii) That the affidavit shall clearly state that the petitioners are not an accused in any other case and if they are they shall not be released on bail. (iii) That the bailor shall also state on affidavit that he will inform the court concerned if the petitioners are implicated in any other case of similar nature after their release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse. (iv) That the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. The S.P. Aurangabad is directed to take action against the Investigating Officer for the lapse committed by him in not weighing the alleged recovered articles immediately. Vikash/- (Anjana Prakash, J.)