IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34853 of 2009 REYAZUDDIN MIAN @ REYAZUDDIN son of late Azim Mian, resident of village-Chanp Paschim Patii, P.S.Panchrukhi, Distt-Siwan. Versus STATE OF BIHAR 2. 28.10.2009. Herd learned counsel for the petitioner and learned counsel appearing on behalf of the State. Petitioner is an accused in Barharia P.S.Case No.06 of 2009 for the offences punishable under Section 25(1-b)(1-AA), 26(ii), 27(ii), 35 of the Arms Act and section 20,22 of the Narcotic Drugs and Psychotropic Substance Act. Substance of allegation as set out in the first information report against the petitioner is of carrying 9 mm automatic pistol made in Italy, seven cartridges and 1/2 kgs. Of Charas. Learned counsel for the petitioner denies the factum of recovery and submits that the recovery was violative of the provisions of the NDPS Act. It was also submitted that the petitioner has been in custody since 12.1.2009 and that recovery of the narcotic is below the commercial commodity. Having regards to the facts and circumstances of the case, petitioner, named above, is directed to be released on bail on his furnishing bail bond of Rs.10,000/ (ten thousand) with two 2 sureties of the like amount each to the satisfaction of the District and Sessions Judge, Siwan in connection with Barharia P.s.Case No.06 of 2009, subject to the following conditions: (1) one of the bailors would be his blood relative, who would indicate his relationship with the petitioner, (2) The petitioner would be attending the court on each and every date fixed and failure on his part to attend the court on two consecutive dates fixed, would confir liberty to the court below to initiate a proceeding for cancellation of his bail bonds and taking him in custody (3) In case, the petitioner is found to be involved in any further criminal case, the bailors would inform the court below who would initiate a proceeding for taking the petitioner in custody. ahk (Jyoti Saran,J.)