IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30953 of 2010 SIDHESHWAR PRASAD @ SIDHU PRASAD SON OF LATE SUKHDEO PRASAD RESIDENT OF MOHALLA JAI PRAKASH NAGAR,P.S.JAKKANPUR, DISTRICT PATNA Versus THE STATE OF BIHAR & ANR. --- For The petitioner : Mr.Uma Sharan For the State : Mr.Addl.P.P. ----------- 09/ 17.03.2011 Heard learned counsel for the parties. In course of hearing, a sealed cover containing Memo No. 85 dated 18.01.2011 of the Director of Forensic Science Laboratory, Patna was opened, from which it appears that the seized article was heroin. Submission of the learned counsel for the petitioner is that the police has seized altogether 105 sachets allegedly containing narcotic drugs like smacks but quantity of the seized article was not mentioned. The quantity of the seized article is mentioned in the letter addressed to the Senior Superintendent of Police, Patna. This letter was with regard to make weight of the seized articles done and it mentioned that the seized quantity was 32 grams including papers. Further submission is that the seized quantity was not commercial quantity because 2 the commercial quantity of heroin is mentioned at serial no. 56 of the table and according to which, commercial quantity is 250 grams and above. It has also been submitted that the petitioner is in custody since 2.11.2009 and this is the first case in which he has been made accused. Considering the facts and circumstances of the case, let the above named petitioner be released on bail on furnishing bail bond of Rs.50,000/-(fifty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge XI, Patna in Special Case No. 73 of 2009 arising out of Jakkanpur P.S. Case No. 224 of 2009. Tahir/- ( Shyam Kishore Sharma, J. )