IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6302 of 2010 RAJESH PRASAD SON OF LATE CHANDRAMANI PARASAD Versus 1. THE STATE OF BIHAR 2. THE UNION OF INDIA ----------- 2. 3.3.2010 The Counsel for the petitioner is permitted to implead Union of India as opposite party no.2 and serve a copy to the Counsel for opposite party no.2 in course of the day. Heard learned Counsel for the petitioner, the State and Mr. D. Surendra, C.G.C. for the Union of India. The petitioner seeks bail in a case instituted for the offence under Sections 20/22 of the N.D.P.S. Act and 37A of the Excise Act. It has been submitted that the petitioner was arrested with 8 kgs of ganja and 35 liters of country made liquor, for which he had no licence. Taking into consideration the fact that the recovery of ganja is much lesser than the commercial quantity and the petitioner is the first offender with regard to the Excise Act, let the petitioner above named, who is in custody since 3.10.2009, 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 Additional Sessions Judge IV, Bettiah, District West Champaran in Sessions Trial No.01 of 2010 arising out of Gopalpur P.S.case No.85 of 2009, subject to the conditions (i) That one of the bailors will be a close relative of the petitioner who will give an - 2 - affidavit giving 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 of similar nature 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 and (iv) 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. )