IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10404 of 2010 1. NAND LAL YADAV, SON OF LATE LAKHAN YADAV, RESIDENT OF VILLAGE-SATGARHI, POLICE STATION- GOPALPUR, DISTRICT-WEST CHAMPARAN. 2. KAILASH YADAV @ KAMLESH YADAV, SON OF DEONATH YADAV, RESIDENT OF VILLAGE- BARGACHHIYA, POLICE STATION-BAIRIA, DISTRICT- WEST CHAMPARAN. ……………………………………………….PETITIONERS. Versus 1. THE STATE OF BIHAR. 2. THE UNION OF INDIA THROUGH THE DIRECTOR GENERAL, N.C.B., NEW DELHI. ……………………………………….OPPOSITE PARTIES. --------- For the Petitioners : M/s. Bashishtha Narayan Mishra and B.K. Mishra, Advocates. For the State : Mr. U.S.P. Singh, A.P.P. For the Union of India : Mr. Md. Abu Haider, C.G.C. -------- 2. 1.4.2010. Heard learned counsel for the petitioners and the learned A.P.P. for the State as well as the learned counsel for the Union of India. The petitioners are in custody in connection with a case registered under Sections 20 and 22 of the N.D.P.S. Act. As per the allegation 10 Kgs. of Ganja has been - 2 - recovered from the possession of each of the petitioners. It has been submitted on behalf of the petitioners that the petitioners were passers-by when they were apprehended and actually the alleged Ganja had been recovered from a paddy field. It has also been submitted that the quantity of Ganja, allegedly recovered from the possession of the petitioners, was much below the commercial quantity. The petitioners are stated to be in custody since 21.10.2009 and they are having clean antecedent. Having regard to the facts and the circumstances of the case, the petitioners, namely, (1) Nand Lal Yadav and (2) Kailash Yadav @ Kamlesh Yadav, are directed to be released on bail on their furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Sessions Judge, West Champaran at Bettiah, in connection with Majhoulia P.S. Case No.245 of 2009, with a further condition that one of the bailors in case of each of the petitioners must be the close relative or their family member, who will file affidavit before the court below giving full genealogy showing his or - 3 - her relationship with the petitioners. Further, after their release in this case, if the petitioners are again found to be involved in criminal case of similar nature, the court concerned would be at liberty to take steps for cancellation of their bail bonds. P.S. (Dr. Ravi Ranjan,J)