IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36164 of 2009 BIKKI KUMAR, S/O LATE JAWAHAR JI, R/O MITHAPUR SABJIMANDI, P.S.- JAKKANPUR, DISTT.- PATNA Versus THE STATE OF BIHAR ----------- 2. 4.11.2009 Heard counsel for the petitioner and the counsel for the State. The allegation against the petitioner u/s 414 I.P.C. gets support and is substantiated from the recovery of 150 kgs. of betel-nut. The petitioner, however, denies to have any connection with those betel-nut and according to him, he was nabbed merely on suspicion. Counsel for the petitioner also informs that the said betel-nut has not been claimed by anyone including the petitioner. If that be so, the court below must ensure that 150 kgs. of betel-nut is sold through auction in presence of any authority of the Railways at Gaya and the sale proceeds of the said 150 kgs. of betel-nut be deposited in court which being not claimed by the petitioner be handed over to the Railway authorities at Gaya for settling the claim of any person whose three bags of betel-nut weighing 150 kgs. has been found to be in 2 possession of the petitioner. On completion of such sale and after obtaining the written undertaking from the petitioner that he has nothing to do with the seized article, 150 kgs. of betel- nut, the petitioner would be entitled to be released on bail. Since the petitioner is in custody with effect from 8.8.2009 such steps for completing the sale of recovered 150 kgs. of betel-nut must be completed within a period of one month from the date of receipt/production of a copy of this order by judicial Railway Magistrate, Gaya, so that the petitioner is released on bail on or after 8th of December, 2009. Subject to the aforementioned condition, 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 the Judicial Railway Magistrate, Gaya in Jehanabad Rail P.S.Case No. 11/2009, and one of the bailers must be the mother of the petitioner, who has sworn affidavit in support of this bail application. The 3 petitioner shall remain present in course of trial on regular basis and his absence on two consecutive dates will make him liable for cancellation of his bail by the trial court. (Mihir Kumar Jha,J.) Surendra/