IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30778 of 2008 MD.SHER ALAM @ SHER ALAM, Son of Kalu Mohammad @ Khan Md. Sheikh, Resident of Pathamari, Ward No. 1, P.S.-Pathamari, District-Jhapa (Nepal). Versus THE STATE OF BIHAR ----------- 2 16.10.2008 Heard learned counsel for the petitioner and learned counsel for the State. Case is under Sections 22, 23 and 25 of the N.D.P.S. Act. It is stated that while the petitioner was entering into Indian territory from Nepal he was apprehended and from his person one packet containing 25 gm. of heroine was recovered and seized. Two persons following him fled away from the place of occurrence. It is submitted that after seeing the police, two persons threw the packet and fled away and therefore the police apprehended the petitioner and attributed the said packet as belonging to the petitioner. It is said that alleged heroine has not been chemically examined to establish its identity. It is also said that the petitioner has been made an escape goat as he refused to identity the actual culprits who were carrying heroine and fled away from the spot 2 after throwing the packet. Petitioner is in custody since 6.10.2007. It is stated that there is no other criminal case against him. In view of the incarceration of the petitioner and in view of absence of any chemical report establishing the brown powder as heroine, this application is allowed. Let petitioner, namely, Md. Sher Alam @ Sher Alam be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Special Judge, N.D.P.S. Act, Purnea in connection with Thakurganj P.S. Case No. 140 of 2007. Arvind/ ( J. N. Singh, J.)