IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3851 of 2011 BRAHAMDEO ROY, SON OF LATE MAHAVIR ROY, RESIDENT OF VILLAGE-ARARIA, P.S.-KANHAULI, DISTRICT-SITAMARHI, AT PRESENT SENIOR WORDEN, MANDAL KARA, P.S.-AURANGABAD TOWN DISTRICT-AURANGABAD. ……….Petitioner. Versus THE STATE OF BIHAR ----------- 2 15.03.2011 Heard learned counsels for the petitioner and the State. The petitioner being senior warden of the jail is apprehending his arrest in a case registered under Section 414 of the Indian Penal Code and 47(A) Excise Act and 20/22 of the N.D.P.S. Act. From the bed of the petitioner 15 grams ganja, 750 ml. of wine, substantial quality of grains, 35 liters of edible oil and some money were recovered. It is submitted by learned counsel for the petitioner that there was Puja in the temple hear the residence of the petitioner and the articles were available for use in the temple. Considering the nature of recovery 2 including the quantum of the ganja which has admittedly not recovered from the personal possession of the petitioner, let the above named petitioners, be released on anticipatory bail, in the event of his arrest or surrender before the learned court below within a period of 12 weeks from today, on furnishing bail bonds of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge cum Special Judge, Aurangabad in connection with Aurangabad Town P.S. Case No.286 of 2010, subject to the conditions as laid down under Section 438(2) Cr.P.C. Learned court below will be at liberty to cancel the bail bond of the petitioner if in petitioner defaults consecutively for three occasions during trial. PN ( Dinesh Kumar Singh,J.)