IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22842 of 2010 BINDESHWARI RAI SON OF LATE MAHENDRA RAI Versus 1. THE STATE OF BIHAR 2. THE UNION OF INDIA ----------- 3. 9.7.2010 Heard learned Counsel for the petitioner, the State and the Union of India. The petitioner seeks bail in a case instituted for the offence under Section 20(a) of the N.D.P.S. Act. It has been submitted that the only allegation against the petitioner is that there was certain ganja plants which were recovered from the field of the petitioner but the ownership of the lands have not been determined as yet and the petitioner denies the ownership over the same. In view of such, let the petitioner above named, who is in custody since 4.1.2010 and has no other case of similar nature pending against him, 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 3, Barh, Patna in Special case No.25 of 2002, subject to the conditions (i) That one of the bailors shall be the wife of the petitioner and the other bailor will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will undertake to furnish information to the court about any change in the address of the petition, (ii) that the bailor shall also state on affidavit that he will inform the court - 2 - 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 (iii) 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. )