IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4089 of 2010 1. RAJESH SAHNI, S/o Satan Sahni. 2. Surendra Sahni @ Sulendar Sahni, S/o Jagdish Sahni. Versus 1. THE STATE OF BIHAR. 2. The Union of India, through its Director Narcotic Drugs Control Board. ----------- 02. 15.02.2010 Learned counsel for the petitioners is permitted to implead Union of India through its Director Narcotic Drugs Control Board, New Delhi as opposite party No. 2 and served him a copy of this petition. Heard learned counsel for the petitioners, State and Union of India. The petitioners seek bail in a case instituted for the offences under Sections 20 and 22 of N.D.P.S. Act. Taking into consideration the fact that six tablets of Ativan and some suspected intoxicants were found on the person of the petitioners due to which it was suspected that some were going to be used by the petitioners for administering to unsuspecting passengers in the train but there is no criminal antecedent of the petitioners, let the petitioners above named who are in custody since 05.09.2009 be released on bail on furnishing bail bonds of Rs. 5,000/- (Five Thousand) each with two sureties of the like amount each to the satisfaction of Sessions Judge, Muzaffarpur in connection with Muzaffarpur Rail P.S. Case No. 58 of 2009 subject to - 2 - 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. (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 give an undertaking that they will receive the police papers on the given date and be present on date fixed for charge and if they fail to do so on two given dates and delays the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. Vikash/- (Anjana Prakash, J.)