IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30603 of 2009 1. LALITA DEVI 2. Raju Kumar Versus STATE OF BIHAR ----------- 2. 4.9.2009 Heard learned counsel for the petitioners and learned counsel for the State. The petitioners who are mother and son respectively are in custody in a Police case under Sections 22 and 24 of the N.D.P.S. Act for alleged recovery of six big packets and four small packets of smack along with some money from their possession. It is submitted that they were simply earning their livelihood though in a wrong manner. Learned counsel for the State emphasizes the recovery. The petitioners upon arrest are stated to have disclosed that they were given the packets to sell for which they were paid Rs. 5 per packet. The affidavit to the bail application has been sworn by the husband/father of the petitioners. It is stated at the bar that petitioner no. 2 is a young man of approximately 20-21 years of age. In the peculiar facts and circumstances of the case, let the petitioners above named be released 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 the Sessions Judge 6th Patna connection with Spl. Case No. 4/2009 (arising out of Sashtri Nagar P.S. Case No. 19 of 2009). Simultaneous with their bail bonds they shall be 2 required to give an undertaking of good behaviour and if they are found to be involved in any similar activity during the period of trial, quite apart from the fresh prosecution against them, it shall also be open for the prosecution to move for cancellation of the present bail before the Court below. P. Kumar (Navin Sinha, J.)