IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25053 of 2010 SHANKER SAH SON OF SITA RAM SAH, R/O VILLAGE- BANGRA, P.S.- KOTWA, DISTRICT- EAST CHAMPARAN AT MOTIHARI Versus 1.STATE OF BIHAR 2. UNION OF INDIA ----------- 4 18/08/2010 Heard Mr. Pramod Kukmar Pandey learned counsel for the petitioner and learned counsel appearing for the State and Union of India. Earlier prayer for bail of the petitioner was rejected twice considering the allegation that the petitioner is involved in a case relating to commercial quantity of Narcotic Drugs and Psychotropic Substance. It has been submitted that the alleged occurrence is of dated 4.2.2008 and the petitioner’s name has come on the basis of confession of co-accused Chandan Kumar who was arrested on the spot. The petitioner has surrendered on 2.9.2008 and since then he is in custody. It is further submitted that Chandan Kumar has been admitted to bail on the ground that he was juvenile on the date and time of occurrence. It is difficult to hold that the petitioner was liable for commission of offence because his name has been dragged on the basis of confession before the police. No order of conviction can be passed on that basis. 2 The petitioner was not arrested on the spot and his name has been dragged in this case on the basis of confession of co-accused. It is difficult to hold at this stage that the petitioner was linked with the offence of seizure of Charas and Ganja. Considering the facts and circumstances of the case, the petitioner above named is directed to be released on furnishing of bail bond of Rs. 50,000/- (fifty thousand) with two local and substantial sureties of the like amount each to the satisfaction of the learned 1st Additional Sessions Judge, F.T.C. No. IV/concerned Court, East Champaran, Motihari in N.D.P.S. Case No. 18 of 2008 arising out of Seizure Case No. 116/07-08. avin (Shyam Kishore Sharma, J.)