IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37392 of 2009 NAND KISHORE SINGH Versus STATE OF BIHAR ----------- 2. 18.11.2009 Heard both sides. The petitioner has renewed his prayer for grant of bail in a case lodged under section 20 of the NDPS Act. It is contended that seizure memo reflects that from possession of the petitioner eight kgs. of Ganja was/were recovered, whereas from the possession of the co-accused Om Prakash Singh 13.7 kgs. of Ganja was/were recovered. It appears that earlier the prayer for bail made on behalf of the petitioner was considered and rejected by this court under order dated 21.08.2009 (Annexure-1). The concluding portion of the said order reads thus: “However, considering the fact that only 08 kgs and odd grams of „ganja‟ was/were recovered from the possession of the petitioner, this court grants liberty to the petitioner to renew prayer for bail after 06 months from the date of receipt/communication of a copy of this order in the court below, if the trial in the meanwhile does not commence.” Learned counsel for the petitioner submits that during interregnum, the aforesaid co-accused Om Prakash Singh has been set at liberty by this Court under order dated 03.09.2009 (Annexure-2). In the facts and circumstances of the case, the petitioner abovenamed is directed to be released on bail on furnishing - 2 - bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Addl. Sessions Judge IX, Patna in Spl. Case No.50/2008 arising out of Maner P.S.Case No.229 of 2008, subject to the conditions that one of the bailors shall be his close/own family member and if the petitioner is subsequently found involved in similar nature of offence, the same shall be considered as a breach of the condition of the present bail order and the trial court shall be at liberty to cancel his bail bonds to secure his arrest in accordance with law. hr ( Kishore K. Mandal )