IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30787 of 2010 RAVI KUMAR SON OF RAMBILASH RAI Versus 1. UNION OF INDIA 2. THE STATE OF BIHAR ----------- 2. 13.9.2010 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 Sections 20, 22, 23 of the N.D.P.S. Act. It has been submitted that 20 kgs of ganja was recovered from a tempo, in which the petitioner is said to have been boarded, but the recovery was not from his conscious possession. Considering the same as also that the petitioner has no criminal antecedents, let the petitioner above named, who is in custody since 14.2.2010, be released on bail on furnishing bail bond of Rs.5,000/- (Five thousand) with two sureties of the like amount each or any other surety to be fixed by the court concerned to the satisfaction of 1st Addl. Sessions Judge, Samastipur in N.D.P.S. Case No.4 of 2010 arising out of Mohiuddin Nagar P.S.case No.21 of 2010, subject to the conditions (i) That one of the bailors shall be the father/mother/brother 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, (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 - 2 - 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. )