IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21755 of 2009 1.MD.IBRAHIM 2. SABIR ALAM ---- PETITIONERS Versus STATE OF BIHAR ---- OPP.PARTY. ----------- 2 13.07.2009 Heard both sides. Petitioners seek bail in a case instituted under Sections 414/34 of the Penal Code and Sections 20/22 of the N.D.P.S.Act. As per allegation in the F.I.R. they were apprehended on a platform in suspicious condition with bags containing tables of Diazepam (volume 5) and other articles as also a packet of ‘Anmol Fun Fill Orange Cream Biscuit. On enquiry, it was disclosed and found that they used to commit theft of the railway passengers belongings after stupefying them with drugs which they embedded in cream biscuits. Learned counsel for the petitioners submits that on the strength of allegations contained in the F.I.R., no case under Section 20/22 of the N.D.P.S.Act is made out. Learned counsel for the petitioners submits that the petitioners are in custody since 10.03.2009. It is not a case that the tainted /drug induced biscuits and the drugs allegedly found in their possession was/were used by them. Regarding being had to the allegations and the period of incarceration, this court is not inclined to admit them 2 to bail. Their prayer for bail stands rejected. However, if the trial of the petitioners is not taken up within seven months from the date of receipt/communication of the present order in the court below by framing charges against them, the petitioners are granted liberty to renew their prayer for bail. Sym/ (Kishore K. Mandal, J.)