IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.92 of 2011 SHAMBHU CHOUDHARY, S/O late Jai Nandan Choudhary, resident of Village – Belhi, Police Station- Kishanpur, District- Supaul. ------------Petitioner Versus THE STATE OF BIHAR -----------Opposite party 2. 19.01.2011 The petitioner is an accused in a case registered under Sections 7 and 8 of the N.D.P.S. Act. Two persons were carrying Ganja, one of the persons succeed in fleeing away from the place of occurrence and the Ganja was recovered weighing 14 Kg. Learned counsel for the petitioner submits that seizure list witnesses have turned hostile, there is no further report to support the fact that seized article was Ganja and that the petitioner has remained in custody for one year eight months. It is further submitted even if it assumed that the allegations are true the petitioner was carrying 7 Kg. of Ganja as two bags containing 7 Kg. Ganja each was recovered and two persons one of whom fled away. Considering the period of custody of the petitioner, I direct to release the petitioner namely, Shambhu Choudhary on bail on furnishing bail 2 bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge cum Special Judge, Khagaria in connection with Special Case No. 2 of 2009 arising out of Saharsa (Rail) P.S. Case no. 7 of 2009, subject to the following condition:- (1) The petitioner would appear before the Court below on each and every date fixed in the case as and when required by the Court below and his absence even for a single date during the trial without any explanation to the satisfaction of the Court below will result for the cancellation of his bail bonds. (2) The attested copies of the photographs of the bailors must be affixed on the bail bonds. (3) The bailors will also file an affidavit giving an undertaking that they will produce the petitioner before the Court below on each and every date fixed in the case. Anand Kr. ( Sheema Ali Khan, J.)