IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9370 of 2011 LAL BAHADUR ROY s/o Sri Shital Roy, resident of village- Pand, P.S.- Dalsinghsarai, District- Samastipur. Versus THE STATE OF BIHAR . with Cr.Misc. No.9583 of 2011 MURARI SINGH s/o Radha Raman Singh, resident of village + Post- Mahisaur, P.. – Jandaha, District- Vaishali (Hazipur)(Bihar). Versus THE STATE OF BIHAR . ----------- 2 25.3.2011 The petitioners , in these applications, are in custody in relation to Giriyak P.S.Case no. 182 of 2010 instituted under the provisions of N.D.P.S.Act. It is alleged that upon information while checking the public carrier bus traveled from Darbhanga to Tata, it was found that in the baggage compartment there is a consignment of 45 Kg. of Ganja. The driver and conductor disclose that it belongs to passenger Jata Shankar Roy. Jata Shankar Roy was arrested but considering the conduct of the driver and the conductor they were also made accused. It is alleged that upon confessional statement of Jata Shankar Roy, the petitioner, who happens to be his elder brother has also been named as the main person for this smuggling of Ganja. Admittedly, the petitioner was not found there and Lal Bahadur Roy has been arrested from the house whereas elder brother, who was carrying ganja is in custody. So far as Murari Singh is concerned, he is the driver of the public carrier bus and it is submitted on behalf of the 2 petitioner that he cannot be made responsible for what passengers carry. Be that as it may, let above named petitioners be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Special Judge-cum-Sessions Judge, Nalanda, in Giriyak P.S.Case no. 182 of 2010 (G.R.No. 12/2010). Singh ( Navaniti Prasad Singh, J.)