IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1542 of 2011 1. SHAMBHU YADAV, SON OF LATE KATMARU YADAV 2.SURESH YADAV, SON OF RAMADHAR YADAV Versus THE STATE OF BIHAR ----------- 02 24.02.2011 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners seek their bail in connection with Inerwa P.S. Case No. 44 of 2010 registered under Sections 20, 22 and 23 of N.D.P.S. Act. Admittedly, nothing has been recovered from conscious possession of the petitioners and it is stated that petitioners and other First Information Report named accused persons were detained by the informant and his associate while they were carrying bags containing Ganja. Although, 23 bags containing each 18 kgs. Ganja were recovered but admittedly, the aforesaid bags were not recovered form conscious possession of the petitioners. The impugned order of learned Sessions Judge does not disclose any criminal antecedent of the petitioners but petitioners have specifically pleaded in their application that one case i.e. Thakraha P.S. Case No. 22 of 2006 under Sections 323, 324/34 of the Indian Penal Code is pending against petitioner no. 1 and one case i.e. Thakraha P.S. Case No. 45 of 1995 under Section 302 of the Indian Penal Code is pending against petitioner no. 2. The aforesaid disclosure suggests this fact that no case of N.D.P.S. Act is pending against the petitioners. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Sessions Judge, West Champaran, Bettiah in connection with above stated Inerwa P.S. Case No. 44 of 2010 corresponding to N.D.P.S. Case No. 77 of 2010. Shahzad ( Hemant Kumar Srivastava, J.)