IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11786 of 2010 ISMAIL MIAN @ ISRAIL MIAN S/O LATE ALISHER MIAN R/O VILLAGE BHANGAHA, P.S. BHNAGAHA, DISTRICT- WEST CHAMPARAN. --PETITITIONER Versus 1. THE STATE OF BIHAR 2. UNION OF INDIA --OPP.PARTY For the Petitioner : M/s Suraj Nr. Prasad Sinha & Jitendra Narayan Sinha For Union of India : Mr. Gopesh Kumar, C.G.C. 5 26.10.2010 Heard learned counsel for the petitioner and learned counsel for the Central Government, who is armed with carbon copy of the case diary, original and supplementary which is up to paragraph 61 dated 04.06.2010. Petitioner’s name, being owner of the tractor trailer, emerged during investigation in the statement of apprehended driver of the vehicle, against whom charge sheet has already been submitted keeping the investigation pending against the petitioner and another, whereon some narcotic substance were recovered and seized at the Indo-Nepal border. Learned counsel representing Central Government from the entire case diary could not point out any criminal 2 antecedent or material against the petitioner showing his involvement in the trade of narcotic substance. Considering the facts and circumstances, the petitioner, in the event of his arrest or surrender within four weeks from today, is directed to be enlarged on bail on his furnishing bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the First Additional Sessions Judge, Bettiah, West Champaran, in Tr. No. 29 of 2009 arising out of Bhangaha P.S. Case no. 13 of 2009, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure with additional condition that the petitioner shall remain present before the court below on each and every date till submission of charge sheet. If the petitioner fails to remain present on two consecutive dates without any reasonable explanation the privilege granted shall be deemed to be cancelled. (Akhilesh Chandra, J.) AAhmad