IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42052 of 2009 NANDAN @ NANDAN PRASAD @ NANDAN SAH , son of late Kapil Deo Sah, R/o Ward no.01, New Rajendra Nagar Colony, Raxaul, P.S.-Raxaul, Distt.-East Champaran--------------------------Petitioner. Versus STATE OF BIHAR . ----------- 2. 14.12.2009 Heard learned counsel for the petitioner and the State. In the case as per submission of the learned counsel for the petitioner though there is recovery of 100 gms of smack but not from petitioner’s possession rather from Lalbabu Sah and Santosh Sah, who named this petitioner by saying that they had taken that smack from the petitioner but on raid and search nothing was recovered from petitioner’s possession even then he is apprehending his arrest of his no guilt. Having regard to the facts and circumstances of the case, in the event of arrest or surrender within a period of one month from the date of communication of this order the above named petitioner shall be released on bail on furnishing bail bond of Rs.10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the District and Sessions Judge, East Champaran, Motihari, in connection with N.D.P.S. case no.56 of 2009 arising out of Raxaul P.S. case no.96 of 2009 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Sudip ( Mandhata Singh, J. )