IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37196 of 2010 ABHISHEK KUMAR Versus STATE OF BIHAR ----------- 03 10.12.2010 Heard learned counsel for the petitioner as well as learned P.P. for the State. Allegedly, house of the petitioner was raided and seventy puriya smacks along with one country made pistol were recovered from the possession of petitioner. It is apparent from perusal of case diary as well as materials available on the record that the seized smacks were never measured either by Seizing Officer or by Investigating Officer of this case. In absence of the weight of the aforesaid articles, it is very difficult to say as to whether the seized articles come under the purview of commercial quantity or under the purview of small quantity. Furthermore, I do not find any criminal antecedent of the petitioner in the entire case diary. Accordingly, petitioner, namely, Abhishek Kumar, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Learned Additional Sessions Judge-XI, Patna in connection with Special Case No.13 of 2010 arising out of Beur P.S. Case No. 61 of 2010 subject to condition that if the petitioner is found indulged in same type of cases in future, his bail bond shall be cancelled. Shahzad ( Hemant Kumar Srivastava, J.)