IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9360 of 2010 KAMLESH SAH, SON OF RAM LAL SAH Versus THE STATE OF BIHAR ----------- 2. 17/03/2010 Learned counsel for the petitioner is permitted to implead the Union of India, through Director General, Narcotics Control Bureau, Lucknow (U.P.) as opposite party No. 2 and serve a copy upon him during course of the day. Heard learned Counsel for the petitioner, Mr. D. Surendra (C.G.C), learned counsel for the Union of India and the State. The petitioner seeks bail in a case instituted for the offence under Sections 47(a) and (f) of the Excise Act and Section 20(b) of Narcotic Drugs and Psychotropic Substance Act. Taking into consideration the fact that the only 850 grams of Ganja was recovered and the petitioner is the first offender with regard to a case of Excise Act, let the petitioner above named, who is in custody since 27.2.2010, 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 Sessions Judge-Cum-Special Judge, Kaimur at Bhabua, in connection with Excise Case No. 02 of 2010 subject to the following 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 - 2 - affidavit shall clearly state that the petitioner is not an 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. S.Ali (Anjana Prakash, J.)