IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1960 of 2011 ARUN KUMAR Versus THE STATE OF BIHAR with Cr.Misc. No.2736 of 2011 SHIVJEE RAI Versus THE STATE OF BIHAR ----------- 02/ 03.03.2011 Both the above stated criminal miscellaneous cases arise out of Ujiyarpur P.S. Case no. 179/2010 registered under sections 328, 414 of the IPC and 3/ 4 of the NDPS Act and accordingly, both the above stated cases are being disposed of by this common order. Heard learned counsel for the petitioners as well as learned P.P. for the State. Allegedly, 60 ativan tablets were recovered from a car in which petitioners were going on the alleged date of occurrence. It appears to me that 3/ 4 of the NDPS Act is not a Penal section. Moreover, aforesaid recovery has not been made from the conscious possession of petitioners. In the aforesaid circumstances, petitioners (Arun Kumar and Shivjee Rai) are directed to be released on bail on furnishing bail bond of Rs 10,000/- each with two sureties of the like amount each to the satisfaction of Ist Additional Sessions Judge, Samastipur in connection with NDPS Case no. 10/2010 arising out of Ujiyarpur P.S. Case no. 179 of 2010. shahid (Hemant Kumar Srivastava,J)