IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10562 of 2010 SURAJ YADAV, SON OF MUNNA YADAV Versus STATE OF BIHAR ----------- 2. 12/04/2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 328, 379, 411, 307/34 of the Indian Penal Code, Sections 8 and 22 of N.D.P.S. Act. The prosecution case is that the Informant was drugged by three unknown persons and when he recovered, he came back to Narkatiaganj where he heard that one person had been apprehended by Police Personnel Kangali P.S. and when he went there, he identified the apprehended accused who was one of the miscreants. The prosecution case further is that the petitioner was handed over to the Informant and from his possession, certain incriminating articles were recovered and then it is the Informant who produced the petitioner before the Officer-in-Charge, Narkatiaganj Rail P.S. The submission is that the entire prosecution case appears to be absurd since the possession of the incriminating articles allegedly recovered even three days after the occurrence and the petitioner being apprehended by the Kangali P.S. and yet being handed over to the Informant does not appear credible. In view of such, let the petitioner above named, who has no criminal antecedents and is in custody since 16.1.2010, be released on bail on furnishing bail bond of Rs. 5,000/- (Five - 2 - thousand) with three sureties of the like amount each to the satisfaction of District & Sessions Judge, West Champaran, in Narkatiaganj Rail P.S. Case No. 05 of 2010 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. The second bailor must be local since the petitioner belongs to Nepal whereas the third bailor shall be a government servant. (ii)That the affidavit shall clearly state that the petitioner is not an 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. The bailor shall also give an undertaking that they will inform the court about any change in address of the petitioner. (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. S.Ali (Anjana Prakash, J.)