IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17343 of 2010 MANOJ PRASAD SON OF KRISHNA PRASAD Versus 1. THE STATE OF BIHAR 2. THE UNION OF INDIA ----------- 4. 22.7.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 414 of the Indian Penal Code and 21/22 of the N.D.P.S. Act. The prosecution case is that one Raju Kuraishi was arrested on suspicion and from his possession 15 grams of Heroin was recovered. He stated that he was taking the Heroin for selling. The petitioner’s name was not disclosed by the said Raju Kuraishi at that point in time and subsequently he allegedly gave a confessional statement stating therein that he used to purchase Heroin from the petitioner. The submission is that there is no other case under N.D.P.S. Act pending against the petitioner, which fact will be verified by the Magistrate concerned before releasing the petitioner on bail. Considering the same, let the petitioner above named, who is in custody since 24.2.2010, 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 Additional District and Sessions Judge IInd, Gaya in Gaya G.R.P.S.case No.35 of 2010 (N.D.P.S.case No.2 of 2010/ 50 of 2010), subject to the conditions - 2 - (i) That one of the bailors shall be the wife of the petitioner and the other bailor will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will undertake to furnish information to the court about any change in the address of the petitioner, (ii) 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 (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. Narendra/ ( Anjana Prakash, J. )