IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20179 of 2010 VIJAY SHANKAR DUBEY son of Shri Diwakar Dubey, R/o village Bhitribandh, P.S. Karamchat, Dist. Kaimur (Bhabhua)…Petitioner. Versus STATE OF BIHAR O.P. ----------- For the State : Mr. Mr. Ashwani Kr. Singh, Sr. Advocate For the State: Mr. Ram Priya Sharan Singh, A.P.P. -------- 2 14.6.2010 Heard the parties. In a criminal prosecution for offences under sections 20(b), 21 and 22 of the N.D.P.S. Act, ½ kg Ganja is alleged to have been recovered from the possession of the petitioner. It is submitted by learned counsel for the petitioner that the alleged recovery of ½ kg of Ganja falls within the category of “Small Quantity” as per table issued under section 2 of the said Act. The petitioner is stated to be in judicial custody since 16.2.2010. Placing reliance on section 21 and 22 of the said Act, it is submitted that for the offence in question maximum sentence against the petitioner would extend to six months. In the aforesaid facts and circumstances and in view of period of incarceration of the petitioner since 16.2.2010, the above named petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of 2nd Additional Sessions Judge, Rohtas at Sasaram in connection with Chenari P.S. Case no. 21 of 2010, subject to the conditions : (a) That one of the bailors must be Govt. servant or close family member of the petitioner who will file an affidavit in the court below showing his/her relationship with the petitioner. (b) If the petitioner is found involved in same and similar - 2 - nature of cases in future, the in that case the informant/prosecution shall be at liberty to file a petition for cancellation of the bail of the petitioner, and if such a petition is filed, the court below would be obliged to dispose of the same in accordance with law after giving opportunity of hearing to all concerned. (c) The petitioner shall make regular pairvi in the court below in the present case either by appearing himself in person or through representation by his lawyer on each and every dates, and if on two consecutive dates petitioner fails to make pairvi, then the court below shall be at liberty to cancel the bail bond of the petitioner. ( Birendra Prasad Verma, J. ) M.Rahman