IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26184 of 2010 1. GIRJA GIRI S/O SITAL GIRI 2. RAMCHANDRA MANJHI S/O LATE RAMAUTAR MANJHI Versus UNION OF INDIA ----------- For Union of India : Md. Iqbal Hasan Rahmani (CGC) Adv. ------------- 3. 30.08.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 8, 20, 22 of the N.D.P.S. Act. It has been submitted that in the First Information Report the allegation against the petitioners is that they were identified by the Chowkidar Sukhlal Sahani that they were the persons running away hearing a bullockcart loaded with Ganja but when Sukhlal Sahni was examined during trial he did not said so and merely stated that bullockcarts of the petitioner were there. It has further been submitted that the petitioners are in custody since 28.7.2009 and 18.7.2009 and have fair criminal antecedents, 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 or any other surety to be fixed by the court concerned to the satisfaction of learned 2 Additional Sessions Judge, Ist, Gopalganj in connection with Tr. No. 40 of 2009/N.D.P.S. 13 of 2010, arising out of Jadopur P.S. Case No. 48/2008, subject to the conditions, (i) That one of the bailor will be a close relative of the petitioner and the other bailor shall be the father/brother 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 ground of misuse, (iv) That the petitioner will be well represented on each date if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. The fact that the petitioners have no criminal antecedents will be verified by the Trial Court before releasing the petitioner on bail. Fahad. ( Anjana Prakash, J. )