IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8906 of 2010 TUNNA MAHTO @ TUNTUN MAHTO, SON OF RAM CHANDRA MAHTO, RESIDENT OF VILLAGE-SAREYA, P.S. GOVINDGANJ, DISTRICT-EAST CHAMPARAN. ………………………………………………….PETITIONER. Versus THE STATE OF BIHAR………………..OPPOSITE PARTY. --------- For the Petitioner : Mr. Krishna Kant Singh, Advocate. For the State : Mr. Satyendra Narain Singh, APP. For the Union of India : Md. Abu Haider, C.G.C. --------- 2. 18.3.2010. Heard learned counsel for the petitioner and the learned A.P.P. for the State as well as for the Union of India. The petitioner is an accused in a case registered under Sections 18, 20 and 22 of the N.D.P.S. Act. As per the allegation, the petitioner was apprehended with 13 Kgs. of Ganja by the police whereas other few co-accused persons, who were also carrying 39 Kgs. of Ganja, had escaped after throwing the same. Learned counsel for the petitioner submits that form the F.I.R. itself , it would appear that though the petitioner was apprehended alongwith the said Ganja but he - 2 - was merely a labourer, who was carrying Ganja upon a payment of Rs.800/- as his wages. It has also been submitted that the alleged recovery of Ganja is less than the commercial quantity. The petitioner is stated to be in custody since 11.12.2009 having no criminal antecedent. Having regard to the facts and the circumstances of the case, the petitioner, Tunna Mahto @ Tuntun Mahto, is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the 9th Additional Sessions Judge, East Champaran at Motihari, in connection with Govindganj P.S. Case No.157/2009 and N.D.P.S. Case No.126 of 2009, with a further condition that one of the bailors of the petitioner must be his father. Further, after his release in this case, if the petitioner is again found to be involved in criminal case of similar nature, the court concerned would be at liberty to take steps for cancellation of his bail bonds. P.S. (Dr. Ravi Ranjan,J)