IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9707 of 2011 DEEPAK SINGH S/O LATE AWADESH SINGH Versus THE STATE OF BIHAR ----------- 02 29.04.2011 Heard learned counsels for the petitioner and the State. Petitioner is languishing in custody since 08.12.2010 in a case registered under Section 20 of N.D.P.S. Act. From the back of the last seat of the bus two air bags were recovered containing about 10 K.G. Ganja in each bag. The petitioner alongwith one other person were sitting near the place of seizure. It is submitted by the learned counsel for the petitioner that on mere suspicion, the petitioner has been apprehending and the statement has been made in para 19 of the petition that petitioner has no criminal antecedent. It is also submitted that two persons were apprehended for speculating quantity of seizure of 20 K.G. Ganja hence one can only be accused for 10 K.G. which is half of the commercial quantity as given in the schedule of the 2 Act. Considering the aforesaid submissions of the petitioner, the fact that recovery has not been made from the petitioner and the accusation is of suspicious nature, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Additional Sessions Judge 1st at Gaya in connection with Barachatti P.S. Case No. 261 of 2010. The bail of the petitioner will be accepted only on affidavit being filed by the petitioner that he will appear regularly before the learned court below and defaults on three consecutive occasions shall give liberty to the learned court to cancel the bail of the petitioner. Safik (Dinesh Kumar Singh, J.)