IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1375 of 2009 BENGALI RAI Versus STATE OF BIHAR ----------- 4 18.3.2009 The prayer for bail of the petitioner was twice rejected by this court, the last one by order dated 22.9.2008 passed in Cr.Misc.No.26308 of 2008 with an observation that if there is no substantial progress in the trial, the petitioner may renew his prayer for bail after four months. The petitioner is an accused in a case under sections 20, 21 and 22 of the N.D.P.S.Act. Learned counsel for the petitioner submits that though 9 purias of powder black in colour was recovered, the same does not mention the quantity of the substance. He further submits that the commercial quantity in respect of heroin starts from 5 gram and onwards. The quantity seized is much less than the commercial quantity. The petitioner is in custody since 19.1.2007. He further submits that the quantity specified by the Act is 5 gram as small quantity and 250 gram as commercial quantity, specified at Sl.No.56 in S.O.1055(E) dated 19.10.2001 of the N.D.P.S.Act. Considering the facts and circumstances of the case, the petitioner Bengali Rai is directed to be released on bail in connection with Special Case No.7 of 2007 arising out of Danapur P.S. Case No.42 of 2007 on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the 2 KHAN Additional Sessions Judge IX, Patna subject to the condition that the two bailers would be his family members and he will not absent himself in the court below for two consecutive dates till three witnesses are examined in trial and further he would cooperate in the trial. (S.P.Singh,J)