IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42367 of 2009 RAJENDRA MAHTO SON OF LATE BHAGWAN MAHTO Versus STATE OF BIHAR with Cr.Misc. No.42793 of 2009 DHRUV PANDEY SON OF LATE PUNYADEO PANDEY Versus STATE OF BIHAR ----------- 2. 28/01/2010 Heard learned Counsel for the petitioners, learned counsel for the Union of India and the State. The petitioners seek bail in a case instituted for the offence under Sections 8/22 of the Narcotic Drugs Psychotropic Substance Act. Taking into consideration the fact that the petitioners were not involved in drugging the passengers and in fact the only allegation against them is that they as Shopkeepers had sold certain tablets without prescription and the same would not be punishable u/ss.8 and 22 of the N.D.P.S. Act, let the petitioners above named, who are in custody since 13.9.2009, and have no criminal antecedents, be released on bail on furnishing bail bond of Rs.5,000/- (Five thousand) each with two sureties of the like amount each to the satisfaction of Learned Special Judge, N.D.P.S. Act, i.e. District & Sessions Judge, West Champaran, in connection with Narkatiaganj Rail P.S. Case No. 26 of 2009, subject to the conditions (i) that one of the bailors will be a close relative of the petitioners who will give an affidavit genealogy as to how he is related with the petitioners, (ii) that the affidavit 2 shall clearly state that the petitioners are not accused in any other case and if they are, they shall not be released on bail, (iii) that the bailor shall also state on affidavit that he will inform the court concerned if the petitioners are implicated in any other case of similar nature after their 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 and (iv)That the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. S.Ali (Anjana Prakash, J.)