IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.724 of 2010 RAHUL, S/o Sri Apurva Kumar. Versus THE STATE OF BIHAR ----------- 02. 18.01.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Section 22(b)(c) of the N.D.P.S. Act. The petitioner is not named in the First Information Report and has been implicated on the basis of the statement given by the co-accused, Abhishek Kumar who was caught in the hotel stating that the delivery of the incriminating articles was to be done on the identification of the present petitioner and co-accused, Md. Afsar but before the same could be done since he was apprehended. There is no allegation that the petitioner was directly involved in the smuggling of heroin nor does he have any criminal antecedent, let the petitioner above named who is in custody since 27.11.2009 be released on bail on furnishing bail bond of Rs. 5,000/- (Five Thousand) with two sureties of the like amount each - 2 - to the satisfaction of Sessions Judge, Patna in connection with Pirbahore P.S. Case No. 390 of 2009 (Special Case No. 62 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. (ii) That the affidavit shall clearly state that the petitioner is not 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. Learned counsel for the petitioner submits that he has been implicated repeatedly at the instance of the local police who is hostile to the petitioner and seeks protection of a person well reputed doing social service in the area. Under the - 3 - circumstances, the petitioner will report to Mr. Kishore Kunal, Chairman, Bihar Religious Trust Board, Bihar, Patna, within fifteen days of his release and file a certificate about the same in the court (ii) That once the petitioner reports to Mr. Kunal, Mr. Kunal is requested to evolve a method by which without affecting the petitioner’s present vocation, if any, the petitioner can be made socially productive so that an effort is made to bring him back in the main stream of the society/he is given adequate protection. (iii) At the end of the six months, the petitioner will be required to file a certificate in the court below granted by Mr. Kishore Kunal. Vikash/- (Anjana Prakash, J.)