IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19680 of 2010 DEVENDRA SINGH @ DEVENDRA KUMAR PRIYADARSI @ BIRENDRA SINGH Versus STATE OF BIHAR ----------- 4. 31. 08. 2010. Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in connection with Sikarahata P.S. Case No. 22/04, registered for offences Sections 20C/27(A)/29/30 of N.D.P.S. Act. Police received information about remaining of Ganja to co-accused Ram Naresh Singh. The petitioner is one of his sons. After raid 23 1/2 Kg. of Ganja recovered from the joint house of sons with their father Ram Naresh Singh , but Ram Naresh Singh was only found present in the house. The petitioner is submitting his no concern with seized Ganja or its business, on that basis along with bail to his father is made ground for bail. No doubt discussed circumstance does not speak about petitioner's having direct involvement in possession or sale of seized ganga, so he is entitled for anticipatory bail. In the facts and circumstances of the case, the above named petitioner, in the event of his arrest or surrender within a period of one month from today, 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 Ist Additional Sessions Judge, Bhojpur, Ara, in connection with Sikrahatta P.S. Case No. 22/04 (N.D.P.S. Case No.3/04), subject to 2 the conditions as laid down under Section 438 of Cr.P.C. Bail to his (petitioner's) father Ram Naresh Singh appears not justified, it appears that all machineries are managed to allow him on bail, seized Ganga was sent to Forensic Science Laboratory no report was submitted nor was sought, seizure list witnesses sworn affidavit about no seizure in their presence, Special P.P. made submission in favour of the accused and court has also not cared and had pain to call for a report from Forensic Science Laboratory as what happened about the report. A doubt is cast on conduct of all, but, court is concerned for Ist Additional Sessions Judge, who has special power to decide the case and for that purpose, the matter be placed before Inspecting Judge of the Judgeship. m.p. ( Mandhata Singh, J.)