IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42970 of 2009 1. RAM TAPASHYA PANDEY SON OF LATE GAUTAM PANDEY 2. UMESH PANDEY @ MUNNA PANDEY SON OF RAM TAPASHYA PANDEY Versus THE UNION OF INDIA ----------- 2. 15.12.2009 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Section 20B of the Narcotic Drugs & Psychotropic Substance Act. Taking into consideration the fact that the recovery of ganja was made from the shop in joint possession of the petitioners and the same has not been chemically tested in FSL and also the fact that the petitioners have no criminal antecedents, 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 Sessions Judge, Bhojpur at Arrah in Barhara P.S.case No.190 of 2009, subject to the conditions (i) that one of the bailors will be a close relative of the petitioners who will give an affidavit genealogy as to how he is related with the petitioners, (ii) that the affidavit shall clearly state that the petitioners are not an accused in any other case and if they are they shall not be released on bail, (iii) 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 - 2 - be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse and (iv) 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. Narendra/ ( Anjana Prakash, J. )