IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19998 of 2011 Rajesh Kumar Arya & Anr Versus The State of Bihar ----------- 03/- 28/07/2011 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. Petitioners are named accused in this case and on basis of a decision of this Court passed in Cr. Misc. No. 53391 of 2007 (Prem Chandra Prasad Vs. The State of Bihar), submission is that, no case can be instituted under the provisions of Drugs and Cosmetics Act at the instance of a police officer. Considering the facts and circumstances, in the event of their arrest/surrender before the court below within four weeks, let the petitioners, namely, 1. Rajesh Kumar Arya and 2. Ranjeet Kuamr Arya, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand only) each with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Patna, in connection with Pirbahore P.S. Case No. 519 of 2009, subject to condition laid down under Section 438 (2) of the Criminal Procedure Code with additional condition to remain physically present before the court below on each and every date at least for two years or till disposal of the case, whichever is earlier, in case of failure on two consecutive dates, without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled. Praveen/- ( Akhilesh Chandra, J.)