IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.8042 of 2010 SHAMBHU PATEL @ SHAMBHU SINGH, S/O JOKHU PATEL @ JOKHU SINGH Versus STATE OF BIHAR **** /2/ 10.03.2010 Heard both the sides. 2. The petitioner seeks bail in a case instituted under Sections 328, 307, 379 AND 411/34 of the Indian Penal Code and 8 and 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985. 3. It has been submitted that eleven persons were caught on the spot with incriminating articles and three of whom disclosed the names of seven co-accused persons, including the present petitioner. The petitioner was searched after such disclosure, but, no incriminating article was recovered from his possession. The further submission is that the petitioner is accused in one other case of Sections 302 and 201 of the Indian Penal Code and in which case his name was disclosed three days after the occurrence. 4. Taking into consideration the aforementioned facts as also that the petitioner has remained in custody since 02.12.2009, let the petitioner, above named, be released on bail 2 on furnishing bail bond of Rs.5,000/- (rupees five thousand) with two sureties of the like amount each in connection with Narkatiaganj P.S. Case No. 20 of 2009 to the satisfaction of the Railway Judicial Magistrate, Bettiah, West Champaran, on the 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 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 (iii) that the petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner then his bail will be liable to be cancelled for reasons of misuse and (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.A. (Anjana Prakash, J.)