IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40641 of 2010 SANJAY KUMAR SHARMA Versus STATE OF BIHAR THRU.P.SEC.HOME 2 04.01.2011 Heard learned counsel for the petitioner as well as learned counsel for the state. Petitioner seeks his bail in connection with Raxaul P.S. Case No. 76 of 2010 corresponding to NDPS Case No. 27 of 2010 registered under sections 20, 21, 22, & 23 of the NDPS Act. Learned counsel for the petitioner submits that according to prosecution case itself, two persons were arrested and only one bag containing 5 kgs. of Opium (raw) was recovered and it is not clear as to from whose possession, the aforesaid recovery was made. He further points out that the informant has already been examined in this case and from the deposition of the informant also, it is not clear as to from whose possession, the aforesaid recovery has been made. To prove his contention, he filed supplementary affidavit containing the deposition of informant. Without making any comments upon the merit of the case, I think it proper to grant the privilege of bail to the petitioner. Accordingly, the petitioner, namely, Sanjay Kumar Sharma is directed to be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) with two sureties of the like amount each in connection with Raxaul P.S. Case No. 76 of - 2 - 2010 corresponding to NDPS Case No. 27 of 2010, G.R. No. 287 of 2010 to the satisfaction of learned Additional Sessions Judge-IXth, East Champaran, Motihari subject to condition that one of the sureties must be father of the petitioner who shall produce sufficient document showing his landed property. AKV/- (Hemant Kumar Srivastava,J.)