IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31446 of 2009 MAHADEO YADAV SON OF LATE JAGDISH YADAV, RESIDENT OF VILLAGE GAJARAGARH, POLICE STATION BARACHATTI, DISTRICT GAYA ….. PETITIONER THE STATE OF BIHAR ----------- 2. 16.9.2009 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 20 of the N.D.P.S.Act and 17 of the Criminal Law Amendment Act. The submission is that the recovery was said to have been made from that portion of the house which was in occupation of Sahdeo Yadav, Vijay Yadav and Raj Kumar Yadav and even though it is the petitioner’s ancestral property but vide annexure-2 it is being demonstrated that the petitioner was not given any share in the said house but it continued to be called the house of the petitioner since he happened to be the eldest brother. During investigation also it transpired that the petitioner was not in occupation of the house where alleged recovery was made. Under the circumstances, let the petitioner above named, who is in custody since 7.7.2009, 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 Sessions Judge, Gaya in connection - 2 - with Barachatti P.S.case No.8 of 2006, 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,(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 will not delay the trial. Narendra/ ( Anjana Prakash, J. )