IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.38039 of 2009 1. MD.AYUB @ MD.AYUB ALAM, son of late Md. Pakhu, & 2. Sanjay Kumar Ganesh S/o Late Motilal Ganesh Versus STATE OF BIHAR ----------- 3/ 18.11.2009 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under section 22 of the NDPS Act. Taking into consideration the fact that there was no recovery from the possession of the petitioners and they were named by the persons, who were caught at the spot and from whose persons alleged one Kg. charas was recovered, let the petitioners above named, who are not accused in any other case of similar nature, be released on bail on furnishing bail bond of Rs.5,000/- (five thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Kishanganj, in connection with Spl. Case no.30 of 2008 arising out of Kochadhaman P.S. case no.159 of 2008, subject to the 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 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 (iii) 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. JA/- (Anjana Prakash, J.)