IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11685 of 2009 BASHISHTH YADAV son of Sri Nagdeo Yadav, resident of village- Nayatola, P.S.-Bakhtiyarpur, Dist.-Patna. Versus STATE OF BIHAR ----------- 3. 25.7.2009. Heard learned counsel for the petitioner and the State. The petitioner is an accused of a case which has been registered for the offence under sections 22 and 22 of the Narcotic Drugs and Psychotropic Substance Act. Allegation is that on 4.5.2008 the petitioner was apprehended with forty small sachet of smack. The seizure list was prepared. Submission is that the seizure was not from the conscious possession of the petitioner rather it was in front of the house. The house is in joint possession. It has also been submitted that recovery is not of commercial quantity because there is no mention of weight. The case has been investigated into and it has not been disclosed as to what quantity the petitioner was in possession. So, it can be presumed that it was small quantity. The petitioner is in custody since 5..5.2008. Considering the facts and circumstances of the case the above named petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Special Judge (NDPS)-cum-Sessions Judge, Patan in connection with Special Case No.22 of 2008 arising out of Bakhtiyarpur P.S.Case No.114 of 2008. Md.S. (Shyam Kishore Sharma,J.)