IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28598 of 2010 1. RAJESH SAH @ RAJESH KUMAR SAH SON OF DEONARAIN SAH 2. NAWAL RAM SON OF LATE SURENDER RAM Versus 1. THE STATE OF BIHAR 2. THE UNION OF INDIA ----------- For the Petitioners : Mr. Deepak Kumar, Advocate For Union of India : Mr. M.I.H. Rahmani, C.G.C. ------ 3. 25.8.2010 Heard learned Counsel for the petitioners and the Union of India. The petitioners seek bail in a case instituted for the offence under Sections 20/22/23/25 of the N.D.P.S. Act. It has been submitted that 13 kgs. of ganja was recovered from the house of petitioner no.1 in his absence, where the petitioner no.2 was allegedly present. Considering the amount of recovery as also that the petitioners have no criminal antecedents, let the petitioners above named, who are in custody since 21.4.2010 and 25.1.2010 respectively, 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 Additional Sessions Judge-I, Begusarai in N.D.P.S.case No.4 of 2010, subject to the conditions (i) That one of the bailors shall be the father/brother/mother of the petitioners and the other bailor 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 - 2 - petitioners are not an 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 and (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. Narendra/ ( Anjana Prakash, J. )