IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.23934 of 2010 SANJAY SAH son of Bhutoo Sah Versus STATE OF BIHAR & ANR ----------- For the petitioner : Mr. Najmul Hoda, Advocate For the Union of India: Mr. Iqbal Hasan Rahmani, CGC For the State of Bihar : Mr. C. Jawahar, APP ------------ 3/ 20.07.2010 Heard learned counsel for the petitioner, Union of India and the State. The petitioner seeks bail in a case instituted for the offence under sections 20, 20-A and 22 of the NDPS Act. It has been submitted that when the ganja was recovered from the house of the brother of petitioner, namely, Mahesh Prasad Sah, he disclosed that the petitioner is dealing in the business of the same but the petitioner has no criminal antecedent. The fact that the petitioner has no criminal antecedent will be verified by the court below before releasing the petitioner on bail. Considering the fact that the petitioner is in custody since 22.5.2010 and the recovery of ganja is only 2 kg., 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 the 1st Additional Sessions Judge, Banka, in connection with Amarpur P.S. Case No.197 of 2009, subject to the 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 and the other bailor shall be the father of the petitioner. The - 2 - bailor will undertake to furnish information to the court about 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 cancellation of bail on the ground of misuse, (iv)That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. JA/- (Anjana Prakash, J.)