IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28609 of 2010 1. GOPAL JAISWAL SON OF SHEETAL JAISWAL 2. ISRAR ANSARI SON OF SADISH ANSARI Versus 1. THE STATE OF BIHAR 2. THE UNION OF INDIA ----------- For the Petitioners : Mr. Ajay Kumar Pandey, Advocate For Union of India : Mr. M.I.H. Rahmani, C.G.C. -------- 3. 25.8.2010 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 8/22 of the N.D.P.S. Act. Considering that the petitioners are in custody since 27.3.2010 for recovery of ten ativan tablets each and there is no other case of similar nature pending against the petitioners, 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 or any other surety to be fixed by the court concerned to the satisfaction of Sessions Judge, Siwan in Siwan Rail P.S.case No.12 of 2010, subject to the conditions (i) That one of the bailors shall be local since the petitioners belong to P.S. Barahaj, District Deoria (U.P.) and the second bailor will be the wife of the petitioners, (ii) 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, (iii) that - 2 - 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 delays the trial in any manner, their bail will be liable to be cancelled for reasons 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. The fact that the petitioners have no criminal antecedents of similar nature will be verified by the Magistrate concerned before releasing the petitioners on bail by calling for a report from the Superintendent of Police, Siwan as well as the Superintendent of Police, Deoria (U.P.) and in case it is found to be false the petitioners will not be released on bail. Narendra/ ( Anjana Prakash, J. )