IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34488 of 2010 BANDHU YADAV @ BARHU YADAV & ORS Versus STATE OF BIHAR ----------- 2. 22.09.10. Heard learned counsel for the petitioners, Union of India and the State. The petitioners are languishing in custody since 06.08.2010 in a case registered under Sections 20 and 22 of the N. D. P. S. Act. It is alleged that 15 Kg. of Ganja was recovered from the house of petitioner no. 3, namely, Dinesh Yadav. It is submitted that seizure list was prepared at 10.15 P.M. whereas F.I.R. was registered at 10.00 P.M. when the distance of police station and place of occurrence is 15 K.M. Hence this discrepancy clouds the whole prosecution case. Since the recovery has been made from house of petitioner no.3, I am not inclined to grant bail to petitioner no.3, namely, Dinesh Yadav at present. Hence, the bail application of petitioner no.3, Dinesh Yadav is rejected. So far petitioner nos. 1 and 2 are concerned, since recovery has not been made 2 from them and it is mentioned that the petitioners have no criminal antecedent, let the petitioner nos. 1 and 2, namely, Bandhu Yadav @ Barhu Yadav and Sitaram Chaudhary be released on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, Bettiah, District- West Champaran, in connection with Laukaria P.S. Case No. 44 of 2010. U.K. (Dinesh Kumar Singh,J.)