IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23868 of 2008 MD.MOJIB Son of Late Lal Mohammad, Resident of Village- Mahesh Bathria, P.S. & District- Kishanganj ----------------Petitioner Versus STATE OF BIHAR ------------------Opposite Party ----------- 9. 13.8.2009 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 8, 10 and 18 of the N.D.P.S. Act. Taking into consideration the fact that the poppy plant which had been seized have not been forensically examined till date in the sense no report has been received about the same and the petitioner is in custody since 21.2.2008, let the petitioner above named be released on bail on furnishing bail bond of Rs. 5000/- (five thousand) with two sureties of the like amount each to the satisfaction of Learned Special cum Sessions Judge, Purnea, in connection with Special Case No. 06 of 2008 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 bailor - 2 - 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. P. Kumar (Anjana Prakash, J.)