IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44108 of 2010 SHANKAR DAYAL PANDEY @ SHANKAR DEO PANDEY & ANR. Versus THE STATE OF BIHAR ----------- 02 22.12.2010 Petitioners are languishing in custody since 01.07.2009 in a case registered under Sections 21, 25, 27 (A) and 29 of the Narcotics Drugs and Psychotropic Substances Act. It is alleged that 187 and 40.7 grams heroine were recovered from the petitioners. It is submitted that petitioners have maliciously being implicated in the case since the daughter in law of the petitioner no. 1 lodged a case against the Officer Incharge Rajpur Police Station vide Complaint Case No. 372 (C) of 1996 and in the aforesaid case the trial has commenced. It is further submitted that there is nothing on record to suggest that the police has any equipment for weighing such a small quantity of the contraband nor there is anything on record to suggest that what amount of sample was transmitted to the Forensic Science Laboratory on 24.05.2010. The bail application of the petitioners were rejected earlier with a liberty to move again after ‘six months’. Considering the recovered quantity between small and commercial, liberty given in earlier order and the statement in para 15 that petitioners have no criminal antecedent, let the Petitioners namely Shankar Dayal Pandey @ Shankar Deo Pandey and Mithilesh Kumar Pandey @ Mithilesh Pandey 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 Learned Special Judge, Buxar in connection with Buxar (T) P.S. Case No. 170 of 2009. Safik ( Dinesh Kumar Singh, J.)