IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23454 of 2009 GULTEN YADAV son of late Rabindra Yadav, resident of village-Siswa, P.S.-Raxaul, Dist.-East Champaran, Bihar. Versus STATE OF BIHAR ----------- 4. 7.10.2009. Heard learned counsel for the petitioner and the State. The petitioner is an accused in a case arising out of Raxaul P.S. Case No.155 of 2008 for the offence punishable under sections 20/22 of the NDPS Act. Substance of the allegation as set out in the first information report is that five persons were carrying one packet each on their head which was subsequently found to be Ganja. On being challenged four persons ran way but the petitioner was apprehended and forwarded to custody. Submission is that even if allegation is assumed to be true the packet of Ganja being carried by the petitioner would contain about fifteen kilograms of Ganja which is even less than commercial quantity. It is further contended that the petitioner is in custody since 21.9.2008. Having regard to the facts and circumstances of the case the above named petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of First Additional Sessions Judge, East Champaran, Motihari, in connection with NDPS Case No.91 of 2008 arising out of Raxaul P.S. Case No.155 of 2008. Md.S. (Jyoti Saran,J.)