IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44574 of 2010 1. WAZIR MAHTO 2. BALCHAND MAHTO 3. BISHESHWAR MAHTO 4. HARLAL MAHTO 5. RAGHU MAHTO ALL S/O HEERA MAHTO Versus THE STATE OF BIHAR ----------- 4. 16.03.2011 Heard learned counsel for the petitioners and the state. The petitioners seek bail in a case instituted for the offence under Sections 15, 18, 8 (b) of the N.D.P.S. Act. It has been submitted that there is no direct material that it is the petitioners who have planted the Poppy plant. Further submission is that the petitioners have no criminal antecedents. Considering the same, 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 or any other surety to be fixed by the court concerned to the satisfaction of learned 1st Addl. Sessions Judge, Gaya in connection with N.D.P.S. Case No. 13/2008, subject to the conditions, (i) That one of the bailor will be a close 2 relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners and the other bailors shall be the son/brother of the petitioners. The bailors 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 an accused in any other case and, if they are, they shall not be released on bail, (iii) That the bailors 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 ground of misuse, (iv) That the petitioners will be well represented on each date if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. Fahad. ( Anjana Prakash, J.)