IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35218 of 2010 BIJAY KUMAR BHAGAT @ BIJAY BHAGAT Versus STATE OF BIHAR ----------- 2 08.10.2010 Heard learned counsel appearing on behalf of the petitioner and the learned counsel appearing on behalf of the State. Petitioner is in custody in connection with Belhar P.S. Case No.25 of 2010 (G.R. Case No. 183 of 2010) for the offence punishable under Sections 20/22 of the N.D.P.S. Act. Substance of allegation against the petitioner is of recovery of 4 kilograms of ganja from his kirana shop. Learned counsel for the petitioner while denying the allegation, submits that even accepting the allegation on the face value, the quantity recovered is just above the small quantity and far below the commercial quantity. He further submits that the petitioner has a clean antecedent and in that background the prayer of the petitioner may be considered. Taking into consideration the circumstances and the submissions of the learned counsel, let the petitioner namely, Bijay Kumar Bhagat @ Bijay Bhagat be released - 2 - on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Banka in connection with Belhar P.S. Case No.25 of 2010 (G.R. Case No. 183 of 2010) subject to the condition that the brother-in-law of the petitioner namely, Ramanuj Bhagat who has sworn the affidavit before this Court shall stand as one of the bailor and who shall be under a duty to inform the Court below in case this petitioner after his release in the present case, is found involved in any further case of similar nature whereupon the Court concerned shall be at liberty to cancel the bail bond of the petitioner on grounds of misuse. Bibhash (Jyoti Saran, J.)