IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12973 of 2010 SURENDRA RAUT SON OF MAHADEO RAUT Versus 1. THE STATE OF BIHAR 2. UNION OF INDIA ----------- For the Petitioner : Mr. Bimlesh Kr. Pandey, Advocate For the Union of India : Mr. Abu Haider, C.G.C. ---------- 3. 20.5.2010 Heard learned Counsel for the petitioner, the State and the Union of India. The petitioner seeks bail in a case instituted for the offence under Sections 20/22/23 of the N.D.P.S. Act. Considering that only six and half kgs of ganja was recovered from the possession of the petitioner, which is much lesser than the commercial quantity and the petitioner has no criminal antecedents, let the petitioner above named, who is in custody since 24.1.2010, 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, Bettiah, West Champaran in Kangli P.S.case No.8 of 2010 (N.D.P.S. case No.7 of 2010), subject to the conditions (i) That one of the bailors shall be local since the petitioner belongs to Nepal and the second bailor shall be the father of the petitioner and the third bailor 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 and the petitioner and bailors shall affix the photographs on the records of the case so that there is no - 2 - dispute with regard to identity of the petitioner in future, (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 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. Narendra/ ( Anjana Prakash, J. )