IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33400 of 2009 NAND KUMAR JHA, son of Bishnu Deo Jha, resident of village Panda Tola (Bounsi), P.S. Bounsi, District Banka Versus STATE OF BIHAR ----------- 3. 28.10.2009 Heard counsel for the petitioner and the counsel for the State. The petitioner facing prosecution under sections 20/22 of the N.D.P.S.Act takes a plea that from the seizure list itself it would be clear that such recovery was made from the house of one Bishnu Jha and therefore, even if the petitioner is the son of Bishnu Jha he cannot be made liable for the offence alleged, inasmuch as the petitioner is separate in mess and business after partition between him and his father. The seizure list shows that the recovery was from the house of one Bishnu Jha @ Bishnu Deo Jha but then there is signature of both the petitioner as also Bishnu Deo Jha and the prosecution proceeds on a assumption that both of them are the owners of the house. This aspect of the matter as to the petitioner being joint owner of the house and thus being in constructive possession of 27 Kgs. of ganja recovered can be gone into 2 at the stage of trial but then as the father Bishudeo Jha cannot have such defence available to him and he is already in custody, this Court would accordingly direct for release of the petitioner Nand Kumar Jha on bail by making a clear distinction that for possession of 27 Kgs. of ganja it will be the father who will be said to be in possession of the same. Since the petitioner also claims that he has got no criminal antecedent, this Court would direct for release of the abovenamed petitioner on bail on his furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of 3rd Addl. Sessions Judge, Banka in Bounsi P.S.Case No. 166/2008(G.R.No. 1968/2008) on verification of the fact regarding his criminal antecedent and in case it is found that the petitioner has no criminal antecedent he shall be released on bail after obtaining a written undertaking from him that he shall remain present in course of trial on each and every date and his repeated absence on two consecutive dates shall entail the 3 consequence of cancellation of bail. Counsel for the petitioner informs this Court that Bishnudeo Jha, co-accused, is already in custody and therefore, this Court would direct the court below to ensure that the pending trial against him is completed within a period of one year from the date of receipt/ production of a copy of this order. (Mihir Kumar Jha,J.) Surendra/