IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36800 of 2009 LADDU SAH @ LADDU SAO, Son of Ram Ishwar Sah, Resident of Village-Isarpura, P.S.-Sahpur (Karnamepur), District-Bhojpur. Versus THE STATE OF BIHAR ----------- 02. 03.11.2009 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Section 8(c)/20(B) of the N.D.P.S. Act. The present case has a chequered history in view of the fact that initially the petitioner was made an accused for having been in possession of 15 Kgs. of Ganja and booked under the offences of Section 8(c)/20(B) of the N.D.P.S. Act on 25.12.2006. Thereafter on 11.06.2007 the petitioner and other co-accused were granted bail under the provisions of Section 167(2) Cr.P.C. on two conditions one of which was that one bailor should be a gazetted officer which the petitioner and other co-accused were unable to furnish. Thus one of the co-accused, Gokul Sah came before this court vide Cr.Misc. No. 829 of 2007 for modification of the said condition which was allowed vide order dated 13.07.2007. However, the other two co- accused persons including the present petitioner moved for modification of the said order vide Cr. Misc. No. 33045 of 2007 which was dismissed. - 2 - In view of the fact that the petitioner had initially been granted bail under Section 167(2) Cr.P.C. and the order has been modified by this Court of one of the co- accused person, I am inclined to grant bail to the petitioner modifying the condition for bail to the aforesaid extent, let the petitioner above named 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 District and Sessions Judge, Bhojpur in connection with Sahpur P.S. Case No. 207 of 2006 (N.D.P.S. Case No. 26 of 2006) subject to the following 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 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. Vikash/- (Anjana Prakash, J.)