IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.812 of 2010 BINOD MAHTO SON OF SHRI RAMASHRAY MAHTO Versus THE UNION OF INDIA ----------- 2. 19.1.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 20 and 22 of the N.D.P.S. Act. Taking into consideration the fact that the recovery was of 12 kgs of ganja each from three bags from four accused persons, who fled away when the police party arrived and the recovery was not from the conscious possession of the petitioner, let the petitioner above named, who is in custody since 13.7.2009 and has no criminal antecedents, 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 Sessions Judge, Muzaffarpur in Sadar P.S.case No.159 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 genealogy as to how he is related with the petitioner, (ii) that the affidavit shall clearly state that the petitioner is not an accused in any other case and if he is he shall not be released on bail and (iii) 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. Narendra/ ( Anjana Prakash, J. )