IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25862 of 2010 ABHAY KUMAR SINGH Versus STATE OF BIHAR with Cr.Misc. No.27048 of 2010 MANOJ KUMAR TANTI Versus STATE OF BIHAR with Cr.Misc. No.26869 of 2010 SANJAY KUMAR RAUT Versus THE STATE OF BIHAR ----------- 05/ 29.11.2010 Above stated criminal miscellaneous cases are taken enblock as all the aforesaid cases are arisen out of Beur P.S. Case no. 10/2010(Special Case no.1/2010) and all the above stated cases have been disposed of by this common order. Heard learned counsel for the petitioners as well as learned P.P. for the State. Allegedly, petitioner in Cr. Misc.no.27048/2010 was apprehended by the informant and other police officials and from his possession nine small Purias of smack and one LG Reliance phone kept in Kasko ball were recovered and on the basis of his disclosure, one Government quarter situated at GPO was raided and from there petitioners in Cr. Misc.no.25862/2010 and Cr. Misc.no.26869/2010 were arrested and from possession of both the aforesaid petitioners, ten grams smacks kept in small purias and ten grams ganja wrapped in paper were recovered. Learned counsel for petitioner in Cr. Misc.no.25862/2010 submits that even if alleged recovery is assumed to be true, the same comes under the ambit of small quantity. He further submits that, as a 2 matter of fact, no recovery has been made from the conscious possession of the petitioner. Learned counsel for petitioner in Cr. Misc.no.26869/2010 adopts the submission of the learned counsel for petitioner in Cr. Misc.no.25862/2010. So far as learned counsel appearing for petitioner in Cr. Misc.no.27048/2010 is concerned, he submits that weight of the alleged recovery has not been motioned either in FIR or in the seizure list. So it would be presumed that small quantity of smack has been recovered from his possession. He further submits that no description of criminal history of petitioners has been given by the Investigating officer in course of the investigation. Admittedly, petitioners are languishing in jail custody since 3.6.2010 and it appears that small quantity of contraband smack has been recovered from the possession of the petitioners. Accordingly, petitioners (Abhay Kumar Singh, Manoj Kumar Tanti and Sanjay Kumar Raut) are directed to be released on bail in connection with Beur P.S. Case no. 10 of 2010 on furnishing bail bond of Rs 10,000-/ with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge VII, Patna in Special Case no. 1/2010. shahid (Hemant Kumar Srivastava,J)