IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.34088 of 2009 BALRAM SAHNI, son of Late Shukkan Sahani, Resident of village- Modho Tetaria, P.S. Kochadhaman, District- Kishanganj … Petitioner Versus STATE OF BIHAR … OP ----------- 2/ 12.10.2009 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under section 22 of the NDPS Act. Taking into consideration the fact that recovery was made from co-accused Hanuman Mukhiya and the petitioner has been named in the confession of the said Hanuman Mukhiya, let the petitioner above named, who is in custody since 12.6.2009 and has no antecedent, 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 the Sessions Judge-cum-Special Judge, Purnia, in connection with Special case no.10 of 2007 arising out of Kochadhaman P.S. case no.86 of 2007, 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, (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 released on bail, and (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. - 2 - The fact that the petitioner is not accused in any other case will be verified by the court concerned and it case it is found to be incorrect then the petitioner will not be released on bail. JA/- (Anjana Prakash, J.)