IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42179 of 2009 AFROZ DEWAN & ORS Versus STATE OF BIHAR ----------- 2 11.12.2009 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Petitioners have been made accused in connection with Srinagar (Pujaha) P.S. Case No. 04 of 2009 for the offences punishable under Sections 20, 22, 23, 25 and 27 (A) of the N.D.P.S. Act. Substance of allegation against the petitioner No.1 is of recovery of Ganja to the tune of 13 kg. and 12 kgs in respect of petitioner No.2. No recovery however was made from the petitioner Nos. 3 and 4 whose names have transpired on the basis of statement made by a co-accused. Learned counsel appearing on behalf of the petitioner submits that the alleged recovery of ganja from the possession of these petitioners is far below the commercial quantity and that in similar circumstances most of the co-accused have been granted bail by this Court. He further submits that one of the co- 2 accused who was arrested with the possession of 13 kg. of ganja was granted bail vide order dated 26.8.2009 passed in Cr.Misc. No. 30229 of 2009 copy of which order is placed at Annexure- 2 of the bail application. Learned counsel thus submits that the case of the petitioner Nos. 1 and 2 is on same and similar footing. Learned counsel further submits that the petitioner Nos.3 and 4 have been wrongfully roped in the present proceedings and there was no recovery against them rather they have been made accused in the present case by reason of statement made by co- accused. It is thus submitted that the petitioners are entitled for consideration of their case for grant of bail. Having regard to the facts and circumstances of the case, let the petitioners, Afroz Dewan, Sharwan Chaudhary, Kunkun Chaudhary @ Kumkum Chaudhary and Dhanraj Chaudhary @ Dhanju Chaudhary, be enlarged on bail upon each of them furnishing individual bail bond of Rs.10,000/ (ten thousand) with two sureties of the like amount each to the satisfaction of District & Sessions Judge, 3 Bettiah, District-West Champaran in connection with Srinagar(Pujaha)P.S. Case No. 04 of 2009 subject to the conditions (i) that one of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioner, (ii) that the affidavit shall clearly state that the petitioners are not an accused in any other case and if they are, they shall not be released on bail and (iii) that the bailor shall also state on affidavit that they will inform the court concerned if the petitioners are implicated in any further case of similar nature after their release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse. Bibhash (Jyoti Saran, J. )