IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32948 of 2009 1. Nand Kishore Upadhyay. 2. Diwakar Upadhyay. Both sons of Yugal Kishore Upadhyay. 3. Uttam Kumar Upadhyay @ Uttam Upadhyay, Son of Ashok Kishore Upadhyay. All resident of Mohalla Magadh Colony, Road No. 11, P.S. Magadh Medical, District Gaya. ---------- Petitioners Versus The State of Bihar ------ Opp. Party ----------- 2 6.10.2009 Heard counsel for the petitioners and counsel for the State. Recovery of 17 packets of Ganja from a shop allegedly belonging to the petitioners at the end of the day would only mean recovery of such Ganja in some grams. Considering that aspect of the matter as also the fact that the petitioner nos. 2 & 3 have got no criminal antecedent and they are in custody since 28.7.2009, this Court would direct for release of the petitioner nos. 2 & 3, namely, Diwakar Upadhyay and Uttam Kumar Upadhyay @ Uttam Upadhyay on furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of Spl. Judge, Gaya in connection with M.M.C.H. P.S. Case No. 69 of 2009 if they give an undertaking that henceforth if they are found 2 to be indulged in any criminal case, their present bail shall stand cancelled. The case of the petitioner no.1, namely, Nand Kishore Upadhyay is distinguishable, inasmuch as, from his house more than a kilo of Ganja has been recovered and therefore, this Court is not inclined to grant bail to the petitioner no.1 for the present till he completes a period of six months judicial custody. The petitioner no.1, namely, Nand Kishore Upadhyay, therefore, would be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Spl. Judge, Gaya in connection with M.M.C.H. P.S. Case No. 69 of 2009 on or after 27th of January, 2010. Rsh (Mihir Kumar Jha, J.)