IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.45433 of 2009 MILAN UPRETI, s/o Shri Ganesh Upreti, Resident of village- Simra Damorwana, P.O. Simra, Distt. Bara, Nepal ...Petitioner Versus STATE OF BIHAR & ANR ...OPS ----------- For the petitioner : Mr. Rabindra Kumar, Advocate For the Union of India: Mr. Abu Haider, CGC For the State : Mr. I. K. Singh, A. P. P. ----------- 5/ 31.03.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under section 414 of the Indian Penal Code and section 20/22/23/24 of the NDPS Act. Three persons were apprehended including the petitioner on suspicion of having been dealing with the sale and purchase of smack but alleged smack was recovered from the possession of Ramesh Kumar only, who admitted the ownership of the same. In view of such and also the fact that the petitioner has no antecedents, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.5,000/- (five thousand) with three sureties of the like amount each to the satisfaction of the 1st Additional Sessions Judge, East Champaran, Motihari, in connection with NDPS case No.49 of 2009 arising out of Raxaul P.S. case no.83 of 2009, subject to 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, second bailor will be a local since the petitioner is the resident of Nepal and the third bailor will be a government servant, (ii) that the affidavit shall clearly state that the - 2 - 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, 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. JA/- (Anjana Prakash, J.)