IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.15022 of 2010 ISRAIL RAY son of Late Harkhit Ray Versus STATE OF BIHAR & ANR ----------- For the petitioner : Mr. Ram Agya Singh, Advocate For the Union of India: Mr. Abu Haider, CGC. ----------- 3/ 12.05.2010 Heard learned counsel for the parties. The petitioner seeks bail in a case instituted for the offence under sections 20 and 22 of the NDPS Act. Considering that the petitioner is in custody since 27.1.10 for recovery of 5 kg. Ganja, which is much lesser than commercial quantity, and has no criminal antecedent, let the petitioner, above named, 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 the Sessions Judge, Bettiah, West Champaran, in connection with Shikarpur P.S. case no.27 of 2010, 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. Another bailor shall be local since the petitioner belongs to Nepal. The bailors will undertake to furnish information to the court about any change in the address of the petitioner. The court shall insist on proper identification of the petitioner and the bailors preferably with photograph so that there is no risk of mistaken identity, (ii) That the affidavit shall clearly state that the petitioner is not 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 - 2 - 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, (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, and (v) 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. The Magistrate before releasing the petitioner on bail will verify the fact that the petitioner is not accused in any other case. JA/- (Anjana Prakash, J.)