IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5068 of 2010 HARINDRA NISHAD @ HARENDRA NISHAD, Son of Motichand Nishad, resident of village Mushahari, P.S. Thakrha (Murari), district West Champaran ….. Petitioner Versus STATE OF BIHAR … Opposite party ----------- For the petitioner : Mr. B.K.Mishra, Advocate For the S t a t e : Mr. Dinesh Singh A.P.P. For the Union of India: Mr. Md. Abu Haider, Advocate --------- 3 15.03.2010 Heard learned counsel for the petitioner, learned counsel for the State as well as learned counsel for the Union of India. The petitioner is an accused in a case registered under Sections 20 and 22 of the N.D.P.S. Act. As per the allegation set up in the first information report, petitioner was apprehended with a bag containing 16 Kg. ganja, which he was carrying upon his back with other two persons. On chase by police party the other two had escaped and two bas of ganja was also recovered from besides the petitioner. Learned counsel for the petitioner submits that the petitioner was allegedly carrying 16 Kg. The other two persons who had fled away threw their bags, which has alleged to have been recovered from 2 besides of the petitioner and not from the possession of the petitioner. It is further submitted that petitioner is a labourer and he is not the main person behind the activity. It is also submitted that the antecedent of the petitioner is clean and he is in custody since 9.9.2009. It is submitted that 16 Kg. of ganja has allegedly been recovered from the possession of the petitioner which is less than commercial quantity. Learned counsel for the State and learned counsel for the Union of India submit that petitioner was apprehended on the spot and a bag carrying 16 Kg. ganja was recovered , which he was carrying ganja upon his back. Two other persons escaped and in the process they threw two bags carrying 32 Kg ganja which was recovered from the nearby place from where the petitioner was apprehended. In the aforementioned facts and the circumstances of the case, the petitioner, HARINDRA NISHAD @ HARENDRA NISHAD, is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two 3 sureties of the like amount each to the satisfaction of learned Additional Sessions Judge IV, Bettiah in connection with Bhangaha P.S. Case No. 17 of 2009, with a further condition that one of the bailors of the petitioner must be a close relative or family member of the petitioner, who shall file affidavit before the concerned court giving complete genealogy to show his or her relationship with the petitioner. If, after his release in this case, the petitioner is again found implicated in similar nature of cases, then the concerned court would be at liberty to take steps for cancellation of his bail bonds. Spd/- (Dr. Ravi Ranjan, J.)