IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39028 of 2010 BIGAN PRASAD S/O KAULESHWER MAHATON @ FULESHWAR MAHTO Versus 1. THE STATE OF BIHAR 2. THE UNION OF INDIA ----------- 4. 22.6.2011 Heard learned Counsel for the petitioner and the Union of India. The petitioner seeks bail in a case instituted for the offence u/ss.20B/22 of the Narcotic Drugs and Psychotropic Substance Act. The petitioner was refused bail earlier by an order dated 2.4.2010 vide Cr.Misc.No.7696 of 2010 since he had suppressed the fact that he was an accused in another case of similar nature. The petitioner has renewed his prayer for bail after having remained in custody since 29.8.2009 on the ground that he is not named in the First Information Report and subsequently when he was caught with a bag full of ganja he was remanded in the present case without any cogent evidence. Considering the same, 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 or any other surety to be fixed by the court concerned to the satisfaction of Additional District and Sessions Judge IInd, Gaya in N.D.P.S. case No.4 of 2009 - 2 - arising out of Gaya G.R.P.S. case No.49 of 2009, subject to the conditions (i) That one of the bailor shall be Kauleshwar Mahaton @ Fuleshwar Mahto, father 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. The bailor will undertake to furnish information to the Court about any change in address of the petitioner. (ii) 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 ground of misuse, (iii) 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, (iv) That the petitioner will be well represented on each date if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. Narendra/ ( Anjana Prakash, J. )