IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40378 of 2009 RAJESH PRASAD GUPTA @ KARAN SAH, SON OF RAMESH SAH, RESIDENT OF VILLAGE-JEDGE BAZAR, PIPE LINE, POLICE STATION-BEHEA IN THE DISTRICT OF BHOJPUR. ……………………………………………………….PETITIONER. Versus THE STATE OF BIHAR………………………OPPOSITE PARTY. ----------- For the Petitioner : Mr. Akhileshwar Prasad Singh, Advocate. For the State : Mr. R.P.S. Singh, A.P.P. ---------- 2. 24.11.2009. Heard learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner is an accused in a case registered under Sections 8(C)/20(C)/22 of the Narcotic Drugs and Psychotropic Substance Act. It has been submitted on behalf of the petitioner that as per the First Information Report, 10 Kilograms of Ganja, kept in a gunny bag, below the ‘chowki’, was recovered from the room of the petitioner. The petitioner was apprehended in another case in Jalpaiguri, in which he had already been granted bail, which is apparent from Annexure-‘3’ to this application. Further submission is that the alleged recovery is below than the commercial quantity. Though, it is stated that the petitioner had 2 escaped at the time of the raid in the house, but it is apparent that the recovery was made in his absence. The petitioner is stated to be in jail custody since 20th of July, 2009. Having regard to the facts and the circumstances of the case, the petitioner, Rajesh Prasad Gupta @ Karan Sah, is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Sessions Judge (Special Judge, Incharge N.D.P.S. Cases), Bhojpur, Ara, in connection with Behea P.S. Case No.125 of 2008, with a further condition that one of the bailors of the petitioner must be the close relative or his family member who shall furnish complete genealogy on affidavit showing his relationship with the petitioner. After his release, if the petitioner is again found to be involved in criminal case of similar nature, the court concerned will be at liberty to take steps for cancellation of his bail bonds. P.S. (Dr. Ravi Ranjan, J)