IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.364 of 2010 BABU SAHEB @ BABU SAHEB PASWAN, S/o Rajendra Paswan, R/o village Ratauli, P.S. Singhaul (Mufassil) District Begusarai ….. Petitioner Versus STATE OF BIHAR ….. Opposite Party ----------- For the Petitioner : Mr. Rai Mukesh Sharma, Advocate For the State : Mr. Uma Shankar Pd. Singh, A.P.P. 4 22.03.2010 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 328, 307, 414/34 of the Indian Penal Code and under Section 21/23 of the N.D.P.S. Act. As per the allegation as set up in the first information report, two persons were being watched on the platform as suspect by the police. One of them allegedly gave a cup of tea to one of the passengers, who threw the cup of tea on the platform. Both persons were apprehended. It is alleged that from the possession of the petitioner 7 – 8 AT-VAN tablets along with a small pouch containing powder has been recovered from the petitioner. 2 Learned counsel for the petitioner submits that petitioner has gone to the platform to receive his sister’s husband, who was coming from Yaswantpur, Banglore. However, he was apprehended on the basis of suspicion only. Petitioner has challenged the alleged recovery also from his possession. It is further submitted that there is nothing on record to show as to whether the alleged powder, which was allegedly recovered from the possession of petitioner, has been chemically examined or not. Petitioner is stated to be in custody since 27.6.2009 and a supplementary affidavit has been filed today stating therein that the petitioner is having clean antecedent. Learned counsel for the State submits that 7 AT-VAN tablets along with a small pouch containing some powder has been recovered from the petitioner. However, from the case diary it is not clear as to whether such powder was chemically examined. In the facts and the circumstances of the case, the petitioner, BABU SAHEB @ BABU 3 SAHEB PASWAN, 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 Additional Sessions Judge, I cum Special Judge, Begusarai in connection with N.D.P.S. Case No. 5 of 2009 arising out of Barauni Rail P.S. Case No. 45 of 2009, with a further condition that one of the bailors of the petitioner must be his father. If, after his release in this case, the petitioner is again found implicated in similar nature of cases, then the concerned court would be at liberty to take steps for cancellation of his bail bonds. Spd/- (Dr. Ravi Ranjan, J.)