IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.20158 of 2011 1.Bharoshi Mahto, Son of Bhagat Mahto. 2.Tunna Mahto, Son of Santoshi Mahto. Both resident of Village Sitarampur, P.S. Matihani, District Begusarai. -------Petitioners Versus The State Of Bihar -----Opposite Party -------------- 04/- 13.10.2011 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State, who is armed with carbon copy of the case diary. The two petitioners apprehending their arrest in connection with a case registered for the offence punishable under Section 20 of N.D.P.S. Act, are named accused in this case, but only on disclosure by two co- apprehended accused as the purchaser of Bhang in huge quantity which was loaded on trailor. Submission is that petitioners have no concerned with the said article nor through out in the investigation any step was taken to examine such article to ascertain what the same is, but initially the case was instituted under N.D.P.S. Act, though, charge-sheet has been submitted under Section 47 of the Excise Act. Learned Additional Public Prosecutor, who is armed with the case diary up to paragraph – 39 dated 22.03.2011 could not refute the above submission nor pointed out anything showing examination of the articles, so recovered. Considering the facts and circumstances of the case, in the event of their arrest/surrender before the court below within four weeks, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand only) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Lakhisarai, in connection with Pipariya P.S. Case No. 03 of 2011, subject to condition laid down under Section 438(2) of the Criminal Procedure Code with additional condition to remain physically present before the court below till disposal of the case and in case of failure on two consecutive dates without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled. Praveen/- ( Akhilesh Chandra, J.)