IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46177 of 2009 GUDDU KUMAR, S/o Lal Munni Singh. Versus THE STATE OF BIHAR ----------- 03. 17.02.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 21 and 22 of the N.D.P.S. Act and Section 47A of the Excise Act. On the last occasion it was pointed out that the weight of the seized articles had not been given in the seizure-list on account of which a report was asked from the Officer In-charge as to why he had omitted to mention the weight of the seized articles. A report has been received wherein he stated that it was on account of carelessness that he did not mention it and now the report is that it was only 100 Gms of ganja that had been recovered from the petitioner’s shop. Taking into consideration the fact that the petitioner is in custody since 04.11.2009 and has no criminal antecedent, 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 - 2 - amount each to the satisfaction of Sessions Judge, Rohtas at Sasaram in connection with Dehri (Dalmiyanagar) P.S. Case No. 521 of 2009 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. (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 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.)