IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37553 of 2009 1. Md. Shohrab Ali @ Sonrab @ Sohrab Ali, son of Rustam Ali, Mohalla Karbala, PS and District Kishanganj. 2. Md. Idrish, son of Late Sahabuddin, village Teusa, PS and District Kishanganj – petitioners. Vs. The State of Bihar. 2 25.11.2009 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State. The petitioners apprehend their arrest in a case under section 22 of the N.D.P.S. Act. The prosecution case, in short, is that two persons, namely, Fakir Alam and Gopi were arrested with Heroine. These two persons have disclosed the names of seven other persons including these two petitioners. The case remained pending for investigation as far as these petitioners are concerned. In the mean time trial of the case started and witnesses were examined. During examination of the witnesses the prosecution filed a petition that these petitioners should be summoned under section 319 of the Cr.P.C. The petitioners moved this court earlier for anticipatory bail and this court by order, dated 25.2.2009 directed that the petitioners should come through proper channel and by first moving for anticipatory bail before the Sessions Judge / Special Judge. Accordingly, the petitioners’ prayer for anticipatory bail has been rejected on merits by the Sessions Judge. Learned counsel for the petitioners submits that there is no recovery against the petitioners. It is also submitted that the 2 recovered Heroine after analysis did not show any positive result. Learned counsel further submits that they have been summoned under section 319 Cr.P.C. although there is no material against them except the statement of co-accused persons which is not sufficient by itself to summon the petitioners under section 319 Cr.P.C. Considering all these facts, the petitioners are directed to be released on anticipatory bail, in the event of their arrest or surrender, in Special Case No. 16/2006, arising out of Kishanganj PS Case No. 253/2006, on furnishing bail bonds of rupees ten thousand each with two sureties of the like amount each to the satisfaction of the Special Judge, Kishanganj, subject to the conditions laid down under section 438(2) Cr.P.C. It is further made clear that the petitioners should attend the trial of the case on each and every date and if they absent event for a single date without cause, their bail bonds shall stand cancelled. haque (Sheema Ali Khan, J.)