IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.5395 of 2011 Dev Narayan Shukla @ Devanand Shukla @ Dev Narayan Sukul, S/o-Late Basant Shukla, R/o-Vill.-Soghuwa, P.S.-Kursakanta, District-Araria. -Petitioner. VERSUS The State of Bihar -Opposite Party. ----------- 02 16.03.2011 The petitioner is in custody sicne 03.09.2010 in relation to Kursakanta P.S. Case No.99 of 2010 instituted under the provisions of the N.D.P.S. Act giving rise to Special Case No.18 of 2010 pending before the Special Judge, Araria. It is alleged that the members of SSB tried to stop a motorcycle for checking. The motorcycle slow down from which one person ran and then it managed to escape dropping a bag. The forces managed to arrest the person and on inspecting the bag it was found to contain about 5 Kgs. of Ganja with sample packet also. Learned counsel for the petitioner states that the Ganja was not recovered from the conscious possession of the petitioner. In fact, nothing was recovered from him. He further submits that there is no proof that seized commodity is Ganja as it has to be tested. Considering the quantity involved, I am not inclined to interfere in this matter at this stage. The Court would ensure testing of the seized material and then proceed with the trial while framing charge in this regards. Once charges are framed, the petitioner would be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of like amount each to the satisfaction of the trial Court, subject to the condition that his elder brother, namely, Jiwa Nand Shukla would be one of the sureties. Trivedi/ (Navaniti Prasad Singh, J.)