IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4567 of 2010 MAHESH KUMAR SAH S/O BHUTTO SAH Versus 1. STATE OF BIHAR 2. THE UNION OF INDIA ----------- 2. 18.2.2010 The Counsel for the petitioner is permitted to implead Union of India as opposite party no.2 and serve a copy to the Counsel for opposite party no.2 in course of the day. Heard learned Counsel for the petitioner, Mr. D. Surendra, learned Counsel for the Union of India (C.G.C.) and the State. The petitioner seeks bail in a case instituted for the offence under Sections 20, 20A and 22 of the N.D.P.S. Act. Taking into consideration the fact that only 2 kgs of ganja was recovered from the house of the petitioner and there is no other case of N.D.P.S. Act pending against him, let the petitioner above named, who is in custody since 26.8.2009, 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 1st Additional Sessions Judge, Banka in Amarpur P.S.case No.197 of 2009 (G.R.case No.1347 of 2009), subject to the 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, (ii) that the affidavit shall clearly state that the petitioner is not an accused in any other case of N.D.P.S. Act and if he is he shall not be released on bail, (iii) that - 2 - 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 of bail 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. )