IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7335 of 2010 UPENDRA KUMAR SON OF SHRI BALDEO MAHTO Versus 1. THE STATE OF BIHAR 2. UNION OF INDIA ----------- 03. 05.05.2010 Heard learned counsel for the petitioner, State and Union of India. This is repeat application seeking bail in a case instituted under Section 20(b) (ii)B of the N.D.P.S.Act. Petitioner was found in possession of 10 kg of ‘Ganja’. Earlier his prayer for bail was considered and rejected by order dated17.12.2008 (Annexure-1). It appears that on the request of the trial Court the period of nine months, as contemplated in the order dated 17.12.2008, was extended by five months. Learned counsel for the petitioner submits that till today only six witnesses on behalf of the prosecution have been examined. According to him, few more prosecution witnesses are yet to be examined in the case. It is next contended that petitioner is in custody since 18.07.2008. Regard being had to the materials on record, this Court while declining to grant bail to the petitioner, disposes of the present application in the following manner:- Let learned trial Court take all steps to examine all the prosecution witnesses within three months from the date of receipt/production of a copy of this order in the Court below, failing which the trial Court shall release the above named 2 petitioner on bail on furnishing bail bond of Rs. 10,000/- ( ten thousand) with two sureties of the like amount each to the satisfaction of the Ist Additional Sessions Judge, Gaya in connection with Gaya G.R.P. Case no. 94 of 2008, subject to the following two conditions: (i) One of the bailors should be the own/close family member of the petitioner. (ii) Petitioner shall appear in person before the Court below on each date fixed at the trial. In case of default on two consecutive dates, the trial Court shall have liberty to cancel the bail bond(s) of the petitioner and secure his arrest in accordance with law. Let a copy of this order be transmitted through fax at the cost of the petitioner. Sym ( Kishore K. Mandal, J.)