IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8495 of 2010 JAY BABA @ SURENDRA SHARMA SON OF GUPUT SHARMA Versus STATE OF BIHAR ----------- 2. 11.3.2010 The Counsel for the petitioner is permitted to implead Union of India as opposite party no.2 and serve a copy to the Counsel for opposite party no.2 in course of the day. Heard learned Counsel for the petitioner, the State and Mr. D. Surendra, C.G.C. for the Union of India. The petitioner seeks bail in a case instituted for the offence under Sections 8, 10, 23 and 25 of the N.D.P.S. Act. Taking into consideration the fact that the recovery is only 200 grams of ganja, 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 28.8.2009, 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, Rohtas at Sasaram in Karakat P.S.case No.36 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 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 - 2 - 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. )