IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36104 of 2009 BIRA PASWAN, Son of Yado Lal Paswan, resident of Village-Vediwan Madhuwan, P.S. Ppra, District-East Champaran at Motihari. Versus STATE OF BIHAR With Cr.Misc. No.37729 of 2009 MANJU DEVI wife of Badri Paswan @ Brihaspati Narayan Bhagat, Resident of Village Lauria P.S. Areraj in the district of East Champaran (Motihari). Versus STATE OF BIHAR ----------- 2 3/11/2009 Heard counsel for the petitioners in both the cases and counsel for the State. The allegation against the petitioners under sections 20/22 of the N.D.P.S. Act is based on recovery of certain prohibited tablets from their conscious possession. Counsel for the petitioners would submit that while 20 grams is the small quantity for such prohibited tablets, recovery from either of the petitioners is only 20 milligram each, ten tablets from the petitioner Bira Paswan and seven tablets including some powder from petitioner Manju Devi. He would further submit that the lady petitioner Manju Devi is not at all professional and in fact is a government servant as Anganbari Sevika. It has also been submitted that she has got no criminal antecedent and is in jail custody since 15.5.2009. Almost similar is the defence of petitioner Bira Paswan who also is said to have no criminal antecedent. This Court, without expressing any opinion on such defence of the petitioners and by taking into account that they have 2 already remained in jail custody for about 5-1/2 months, would direct for release of the petitioners, namely, Bira Paswan (petitioner in Cr. Misc. No.36104/2009) and Manju Devi (petitioner in Cr. Misc.No37729 of 2009) on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of 6th Additional Sessions Judge, Muzaffarpur in Muzaffarpur Rail P.S. Case No.27 of 2009, subject to the conditions that one of the bailer for them would be either husband of petitioner Manju Devi or wife of the petitioner Bira Paswan and that the petitioners shall remain present without fail in course of the trial and their absence on two consecutive dates shall entail consequence of cancellation of their bail. Additionally, both the petitioners shall report once in a fortnight to the Officer Incharge on the alternate Sunday till framing of the charge and such attendance of the petitioners will be maintained and sent to the Court and in case it is found that the petitioners have remained absent before the Officer Incharge on two consecutive dates their bail shall again stand cancelled. Abhay Kumar (Mihir Kumar Jha, J.)