IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17681 of 2010 RAJESH KUMAR @ PAPPU @ Chhotu, S/o Late Shiv Nandan Prasad. Versus 1. THE STATE OF BIHAR. 2. The Union of India. ----------- 04. 28.06.2010 Heard learned counsel for the petitioner, State and the Union of India. The petitioner seeks bail in a case instituted for the offences under Sections 21 and 22 of the N.D.P.S. Act. It has been submitted that in the First Information Report one Raju Qurasi has been named as an accused from whose possession 15 Gms. of heroin was recovered. Thereafter the said Raju Qurasi is said to have given statement before the police to the effect that he used to purchase heroin from one Manoj Prasad and the petitioner happened to be his employee. It has been specifically asserted that the petitioner has no criminal antecedent which fact will be verified by the court concerned before releasing the petitioner on bail. Further a proper inquiry should be made into the identity of the petitioner since he has three alias names and he shall not be released till such time his identity is properly fixed. 2 In view of such, let the petitioner, above named be released on bail on furnishing bail bond of Rs. 5,000/- (Five Thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-II-cum-Special Judge, Gaya in connection with N.D.P.S. Tr. No. 2 of 2010, G.R. No. 50 of 2010 arising out of Gaya (Rail) P.S. Case No. 35 of 2010 subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. A proper inquiry with regard to the identity of the petitioner as well as the bailors shall also be done before releasing the petitioner on bail. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner. (ii) That the affidavit shall clearly state that the petitioner is not accused in any other case and if he is he shall not be released on bail. (iii) That the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for 3 cancellation of bail on the ground of misuse. (iv) That the petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse. Vikash/- (Anjana Prakash, J.)