IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29100 of 2009 DINESHWAR RAI @ DINESH RAI @ UMESH RAI Son of Ramnandan Rai @ Ramnandan Singh, Village-Chak Daulat, P.S.-Bakhtiyarpur, District-Patna. Versus THE STATE OF BIHAR ----------- 02. 19.08.2009 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Section 20/22 of the NDPS Act. Taking into consideration the fact that the petitioner is in custody since 04.02.2009 and the other co-accused persons who were caught with bigger commercial quantity of ganja have been released on bail on the period of custody vide Annexures 2 & 3, petitioner above named from whose possession 12 Kgs. ganja were recovered is directed to 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 and Sessions Judge, Patna in connection with Bakhtiyarpur P.S. Case No. 39 of 2004 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 - 2 - petitioner. (ii) That the 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 give an undertaking that he will receive the police papers on the given date and will not delay the trial. Vikash/- (Anjana Prakash, J.)