IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17067 of 2011 Ashish Kumar Singh Versus The State Of Bihar ----------- 2 27.06.2011 Heard learned counsels for the petitioner and the State. The petitioner is apprehending his arrest in a case registered under Sections 8, 21, 27A, 29 and 32B of the N.D.P.S. Act. 600 grams suspected to the brown sugar was recovered from the bag of one Santosh Kumar hanging with his shoulder when the F.I.R. was lodged against him. Santosh Kumar named this petitioner as one of the member of the gang. A statement has been made in para 9 of the petition that the petitioner has no criminal antecedent. The alleged seized material has been send for chemical examination. Two reports are available which has been brought on record as Annexure-2 and 3 which reflect that the seized material was not heroine/brown sugar. Learned Sessions Court fails to exercise the jurisdiction since the third report was not available. 2 Considering the fact that the recovery was made from the possession of Santosh Kumar and petitioner has no criminal antecedent bail, let the above named petitioner, be released on anticipatory bail, in the event of his arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge XIth, Patna in connection with Gandhi Maidan P.S. Case No. 422/2007 Special Case No. 51/07, subject to the conditions as laid down under Section 438(2) Cr.P.C. Learned court below will be liberty to cancel the bail of the petitioner if the petitioner defaults for three consecutive occasions. Amrendra/- (Dinesh Kumar Singh, J.)