IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13124 of 2010 BINOD KUMAR SON OF BACHU PRASAD Versus STATE OF BIHAR ----------- 2. 28.4.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 420, 467, 468, 471, 379 of the Indian Penal Code and 27(b)(ii), 27(d), 28, 28A of the Drugs and Cosmetic Act as well as Section 7 of the E.C. Act. The petitioner’s shop was raided on suspicion from where huge amount of medicines meant for government supply and physician sample were recovered. However, the petitioner has remained in custody since 25.12.2009 and undertakes never to commit such an offence again, for which the petitioner’s wife is ready to stand surety. In view of such, 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 S.D.J.M., Patna in Pirbahore P.S.case No.512 of 2009, subject to the conditions (i) That one of the bailors shall be the wife of the petitioner and the other 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 change in the 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 - 2 - 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 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, his bail will be liable to be cancelled for reasons of misuse. Narendra/ ( Anjana Prakash, J. )