IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34619 of 2009 SANJAY KUMAR DUBEY S/O PREM CHAND DUBEY, R/O VILLAGE BIRTA TOLA, P.S. AADAPUR (NAKARDEI), DISTRICT EAST CHAMPARAN … PETITIONER Versus STATE OF BIHAR ----------- 2. 14.10.2009 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 20, 22 and 24 of the N.D.P.S. Act. Taking into consideration the fact that there is no recovery from the possession of the petitioner and when the recovery was effected from co-accused Satyendra Pathak, he very conveniently disclosed the same belonged to the petitioner, let the petitioner above named, who is in custody since 18.5.2009 and has no criminal antecedents, 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 VIIth Additional Sessions Judge, Motihari in N.D.P.S.case No.46 of 2009 (Raxaul P.S.case No.74 of 2009) 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 - 2 - 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 appear on the date fixed for charge and will not delay the trial and if he fails to do so on two given dates and delays the trial in any manner then his bail will be liable to be cancelled. Narendra/ ( Anjana Prakash, J. )