IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.25029 of 2010 FARUK MIAN s/o Saffiullah Mian Versus STATE OF BIHAR & ANR ----------- For the petitioner : Mr. Krishna Kant Singh, Advocate For the Union of India: Mr. Md. Abu Haider, CGC For the State : Mr. C. Jawahar, APP ------------- 3/ 27.07.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 20, 22, 23, 24 of the NDPS Act. It has been submitted that the petitioner is named in the First Information Report on the basis of the confessional statement of the co-accused, who was arrested with alleged smack. Further submission is that the petitioner has fair antecedent which fact will be verified by the court below before releasing the petitioner on bail. In view of such, let the petitioner, above named, who is in custody since 19.4.2010, 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 Special Judge/Sessions Judge, East Champaran, in connection with Raxaul P.S. Case No. 9 of 2006 (NDPS case no.75 of 2007), 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 and the other bailor shall be the sister/brother/father of the petitioner. The bailor will undertake to furnish information to the court about any change in the - 2 - address of the petitioner, (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 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 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. JA/- (Anjana Prakash, J.)