IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11359 of 2010 SHIV MOHAN THAKUR, SON OF LATE UGRA NARAYAN THAKUR Versus 1. THE STATE OF BIHAR 2. UNIO OF INDIA, THROUGH D.G., N.C.B., NEW DELHI ----------- For the petitioner : Mr. Girish Chandra Jha, Adv. For the State : Mr. Binod Kumar, A.P.P. For the Union of India : Mr. D. Surendra (C.G.C.) ----------- 2. 15/04/2010 The learned counsel for the petitioner is permitted to make Union of India, through, D.G., N.C.B., New Delhi, as opposite party No. 2 and serve a copy upon him in course of the day. Heard learned Counsel for the petitioner, learned counsel for the Union of India and the State. The petitioner seeks bail in a case instituted for the offence under Section 20 of the N.D.P.S. Act. In view of the fact that only 1 Kg. Ganja was recovered from the possession of the petitioner for which he has remained in custody since 11.11.2009 and has no criminal antecedents, let the petitioner above named, 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 Chief Judicial Magistrate, Darbhanga, in Bahera (Alinagar) P.S. Case No. 274 of 2009 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 petitioner. The bailor will undertake to furnish information to the Court about any - 2 - change in address of 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 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 be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. S.Ali (Anjana Prakash, J.)