IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.21337 of 2010 SHADIKUL ISLAM @ SADIK SHEKH @ SADIK HUSSAIN Versus THE STATE OF BIHAR ----------- 04. 28.07.2010 Heard counsel for the parties. Petitioner has renewed his prayer for bail in view of liberty so granted to him by order dated 14.9.2009 (Annexure-1). His prayer for bail was refused considering the fact that more than 01 kg. of opium was recovered from his possession. The said order also records that another co-accused was also found in possession of opium. By order dated 14.07.2010, this matter was directed to be placed along with the records of Cr.Misc. No. 16953/2010 (Badruddin Sheikh @ Badruddin). It appears that aforesaid accused against whom there was allegation of having possessed with fake currency notes and 1.59 Gms. of opium, has since been released on bail. Mr. Radha Mohan Singh, learned counsel for the petitioner states that another co-accused Mazibul Sheikh @ Sheikh Mozibur Rahman has also been granted bail. It is submitted by learned counsel that he had appeared in the aforesaid case in which Sheikh Mazibul was granted bail. The allegation in the present case is that petitioner was found in possession of more than 01 kg. of opium. It is next contended that commercial quantity of opium is 2.5 kgs. The petitioner is in custody since 11.06.2009. In the facts and circumstances of the case, petitioner abovenamed is directed to be released on bail on furnishing bail bond - 2 - of Rs.15, 000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J. (Special Judge) Kishanganj in connection with Special Case No.09 of 2009 arising out of Kishanganj P.S.Case No. 155 of 2009 subject to the condition that one of the bailors shall be his own/close family member. The petitioner shall appear on each date fixed at the trial. In case of default in appearance on two consecutive dates, the trial court shall cancel the bail bonds of the petitioner and secure his arrest in accordance with law. hr ( Kishore K. Mandal )