IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21738 of 2009 MD. FIROJ SON OF MD. FARUKH, RESIDENT OF VILLAGE FATEHPUR, P.S. INDUSTRIAL BHAGALPUR, DISTRICT BHAGALPUR …. PETITIONER Versus UNION OF INDIA THRU.CUSTOMS ----------- 4. 16.9.2009 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 8, 20, 22 of the N.D.P.S.Act. The submission is that the recovery was made from the house of one Md. Pappu, the son of Bibi Gulsava Khatoon and Md. Khalik Ahmad and the petitioner has nothing to do with the house from where the recovery has been made and has been implicated in this case because he had tried to proceed against Bibi Gulsava Khatoon at an early point in time due to some misdeeds. Under the circumstances, let the petitioner above named, who is in custody since 23.3.2009, 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 District & Sessions Judge, Bhagalpur in connection with Industrial Estate P.S.case No.69 of 2008, 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, (ii) that the affidavit shall clearly state that the petitioner is not an accused in any other case and if he is, he - 2 - shall not be released on bail, and (iii) hat 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. Narendra/ ( Anjana Prakash, J. )