IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46260 of 2009 1. NARESH RAI, SON OF LATE MAHESH RAI 2. DHARMENDRA SAHNI, SON OF SHATRUGHAN SAHNI Versus THE STATE OF BIHAR ----------- 4. 19/02/2010 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 20 and 22 of the N.D.P.S. Act. The case against the petitioners is that the petitioner No. 1 was arrested with four tablets of Ativan whereas the petitioner No. 2 was arrested with Ativan tablet dust which would have been used for drugging passengers. The submission is that the possession of these tablets is not prohibited and till the time of institution of the case, no offence against the present petitioners was made out. Taking into consideration the fact that the petitioners are in custody since 23.9.2009, let the petitioners above named, 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 1st Additional Sessions Judge, Samastipur, in connection with Samastipur (Rail) P.S. Case No. 69 of 2009 subject to the following conditions: (i)That one of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners. (ii)That the bailor shall also state on affidavit that he will inform - 2 - 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. (iii)That the petitioners will give an undertaking that they will receive the police papers on the given date and be present on date fixed for charge and if they fail to do so on two given dates and delay the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. (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.)