IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10485 of 2010 PREM KUMAR, SON OF SURYA DEO PRASAD, RESIDENT OF NAWAB COLONY, CHOTKI DELHA, P.S. DELHA, DISTRICT-GAYA…………………..PETITIONER. Versus THE STATE OF BIHAR……………..OPPOSITE PARTY. ------- For the Petitioner : Mr. Rashid Izhar, Advocate. For the State : Mr. U.S.P. Singh, A.P.P. For the Union of India : Mr. Md. Iqbal Hasan Rahmani, Advocate. -------- 2. 2.4.2010. Heard learned counsel for the petitioner and the learned A.P.P. for the State as well as the learned counsel for the Union of India. The petitioner seeks bail in a case registered under Section 21 of the N.D.P.S. Act. It is alleged that the personnel of the Government of Bihar had recovered 2 Gms. and 260 Mgs. of heroin, kept in six ‘Purias’, from the possession of the petitioner. It has been submitted on behalf of the petitioner that he has been falsely implicated in this case as the Excise Department did not have any expertise to ascertain that the alleged recovery was of ‘Heroin’. It has further been - 2 - submitted that the petitioner is running a Rural Training Centre of Computer and Internet under the Basudha Policy of the Government and is an authorized person for running the same. Learned counsel submits that the petitioner is not having any criminal antecedent. Lastly, it is urged that the alleged recovery of 2 Gms. and 260 Mgs. is even much less the small quantity, which has been specified under the concerned Notification at Serial No.56 as the small quantity is stated to be 5 Gms. whereas commercial quantity is 350 Gms. with respect to ‘Heroin’. Learned A.P.P. for the State and the learned counsel for the Union of India jointly submit that there is recovery of 2 Gms. and 260 Mgs. of heroin from the possession of the petitioner, however, the same is less than the small quantity. Having regard to the facts and the circumstances of the case, the petitioner, Prem Kumar, is directed to be released on bail on his furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the District and Sessions Judge, Gaya, in connection with Excise Case No.08/2010, with a - 3 - further condition that one of the bailors of the petitioner must be his father. Further, after his release in this case, if the petitioner is again found to be involved in criminal case of similar nature, the court concerned would be at liberty to take steps for cancellation of his bail bonds. P.S. (Dr. Ravi Ranjan,J)