IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22717 of 2010 INDRADEO PRASAD, SON OF LAKHAN MAHTON Versus 1. STATE OF BIHAR 2. THE UNION OF INDIA, THROUGH DIRECTOR OF N.D.P.S., NEW DELHI. with Cr.Misc. No.23704 of 2010 RAGHO MAHTON, SON OF LATE BIHARI MAHTO Versus 1. STATE OF BIHAR 2. THE UNION OF INDIA, THROUGH DIRECTOR OF N.D.P.S., NEW DELHI. ----------- For the petitioners : Mr. Pravin Kr.Agrawal, Adv. For the Union of India : Mr. D. Surendra, C.G.G. For the State : Mr. C. Jawahar,A.P.P. -------- 2. 15.07.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 18, 20, 22, 23 and 27 of the N.D.P.S. Act. It has been submitted that from the possession of the petitioner Indradeo Prasad, 32 puria of Ganja and petitioner Ragho Mahto, 18 puria of Ganja totaling to weight of 100 grams, were recovered. Further submission is that the said Ganja was for personal consumption and not for sale and they do not have any criminal antecedents. In view of such, let the petitioners above named, be released on bail on furnishing bail bond of Rs. 5,000/- (Five thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Nalanda, in Deep 2 Nagar P.S. Case No. 109 of 2010 subject to the following conditions: (i)That one of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners and the other shall be the father/wife of the petitioners. The bailor will undertake to furnish information to the Court about any change in address of the petitioners. (ii)That the affidavit shall clearly state that the petitioners are not accused in any other case and if they are, they shall not be released on bail. (iii)That the bailor shall also state on affidavit that he will inform the court concerned if the petitioners are implicated in any other case of similar nature after their 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 petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. S.Ali ( Anjana Prakash, J.)