IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20898 of 2010 RAJESH PRASAD YADAV @ RAJESH KUMAR YADAV . Versus THE STATE OF BIHAR . ----------- 04/ 05.10.2010 Heard learned counsel for the petitioner and learned counsel for the Union of India. 2. This petition for bail has been filed by the petitioner, who is an accused for offences punishable under sections 20, 22 and 23 of Narcotic Drugs and Psychotropic Substances Act. 3. Learned counsel for the petitioner submits that the nothing has been recovered from the possession of the petitioner rather a bag with 30 Kg of Ganja along with mobile and some cash is said to have been thrown by the petitioner. Learned counsel for the petitioner further submits that the mandatory provisions contained in Section 42 of the Act has not been complied which is fatal for even prosecution. He further submits that there is no report of any authority that the seized articles were contraband. Learned counsel for the petitioner further submits that the petitioner is in custody since December- 2009. 4. Considering the facts and circumstances of this case as well as the arguments of the parties, this petition is allowed. Let petitioner, namely Rajesh Prasad Yadav @ Rajesh Kumar Yadav be released on - 2 - bail on furnishing bail bond of Rs.10,000.00 (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge- IX, Motihari, East- Champaran, in connection with Raxaul P. S Case No. 210 of 2009. Ranjan (S. N. Hussain, J.)