IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33601 of 2009 LALLAN SHARMA SON OF RADHA SHARMA, RESIDENT OF VILLAGE MALLAH TOLI, POLICE STATION SHRINAGAR (PUJAHAN), DISTRICT WEST CHAMPARAN …. PETITIONER Versus THE STATE OF BIHAR ----------- 2. 17.9.2009 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 20, 22, 23, 25, 27(A) and 29 of the N.D.P.S.Act. It appears that the recovery of ganja on the tip-off by co-accused Bhoj Chaudhary is of 13 kg., which is not commercial quantity. Under the circumstances, let the petitioner, above named, who is in custody since 25.1.2009, 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 2nd Additional Sessions Judge, Bettiah, District West Champaran in connection with Trial No.10 of 2009 arising out of Shrinagar (Pujahan) P.S.case No.4 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 and (iii) that the bailor shall also state on - 2 - 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. Narendra/ ( Anjana Prakash, J. )