IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9203 of 2010 Raja khatik, son of Raj Kumar Khatik, resident of Mohalla- New Market, P.S. and District- Katihar. ………..Petitioner. Versus The State of Bihar ………………………….Opposite Party. ----------- 2. 15. 03. 2010. Heard Mr. Bhola Prasad, learned counsel for the petitioner and Mr. Ram Chandra Singh, learned Additional Public Prosecutor for the State. The petitioner is an accused in a case instituted under 414 of the Indian Penal Code as also Section 20/22 of N.D.P.S. Act. It is submitted by the learned counsel for the petitioner that according to the prosecution case, one small plastic bag containing bluish colour cream is said to have been recovered from the possession of the petitioner. Seized articles were not sent to Forensic Science Laboratory. According to him, no offence under Provision of N.D.P.S. Act is made out against the petitioner. It is also submitted that petitioner is in judicial custody since 09. 07. 2009 and co-accused Ganesh Sah, who is also named in the F.I.R., has been granted bail by a Bench of this Court by order dated 22. 12. 2008 passed in Cr. Misc. No. 46475 of 2008. It is also apparent from the impugned order that charges in the present case were framed against the petitioner as far back as 28. 04. 2009, but till date trial of the petitioner has not been concluded. Learned counsel for the State opposes the prayer 2 for bail though has not disputed the above position. Be that as it may, in the facts and circumstances of the case, the petitioner, namely, Raja Khatik is directed to 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 the learned Sessions Judge, Katihar, in connection with G.R. No. 52/08 (arising out of Katihar Rail P.S. Case No. 40/08), subject to the conditions (a) that one of the bailors must be Govt. Servant or close family member of the petitioner, who will file an affidavit in the court below showing his/her relationship with the petitioner, (b) if the petitioner is found involved in same and similar nature of cases in future, then in that case the information/prosecution shall be at liberty to file a petition for cancellation of the bail of the petitioner, and if such a petition is filed, the court below would be obliged to dispose of the same in accordance with law after giving opportunity of hearing to all concerned and (c) the petitioner shall make regular pairvi in the court below in the present case either by appearing himself in person or through representation by his lawyer on each and every dates, and if on two consecutive dates petitioner fails to make pairvi, then the court below shall be at liberty to cancel the bail bond of the petitioner. m.p. (Birendra Prasad Verma,J.)