IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24692 of 2008 KASHI NATH SAH SON OF GUPTESHWAR SAH RESIDENT OF MOHALLA PARSAURA,P.S.SHAHPUR,DISTRICT BHOJPUR Versus STATE OF BIHAR ----------- 5/ 20.2.2009 Heard learned counsel for the parties. Two persons including the petitioner are named accused of a case which has been registered for offences under Sections 20 and 22 of the N.D.P.S.Act. The allegation is that after chase the petitioner was caught and from him a bundle containing about 20 K.gs. of ganja was seized. Submission is that the seized article is not of commercial quantity as it is not above 20 K.gs. It has never been weighed and weight has been mentioned on the basis of only guess. A report regarding criminal antecedent of the petitioner was called for which has been received from D.I.G., Patna after obtaining reports from various police stations. From the report it appears that the petitioner has no criminal antecedent. The petitioner is in jail custody since 3.1.2008 and it cannot be said that the seized ganja was of commercial quantity. Considering the facts and circumstances of the case, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge IX, Patna in Jakkanpur P.S.case No. 1 of 2008 (Special Case No. 2 of 2008). Tahir/- ( Shyam Kishore Sharma, J.)