IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4202 of 2010 SHEO BALAK MAHTO SON OF LATE DHANA MAHTO Versus 1. STATE OF BIHAR 2. UNION OF INDIA,THROUGH D.G., NCB, NEW DELHI ----------- 2. 17/02/2010 Heard learned Counsel for the petitioner, Mr. Dwivedi Surendra, learned counsel for the Union of India (C.G.C) and the State. The petitioner seeks bail in a case instituted for the offence under Section 413 of the Indian Penal Code, Sections 20 and 22 of the N.D.P.S. Act. Taking into consideration the fact that the recovery is not made from the possession of the petitioner rather from the house of co-accused Gore Chauhan where petitioner was also present and he has no criminal antecedents, let the petitioner above named, 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, Patna, in connection with Special Case No. 77 of 2009 arising out of Fatuha P.S. Case No. 463 of 2009 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 shall also state on affidavit that he will inform the court concerned if the petitioner is 2 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. (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. S.Ali (Anjana Prakash, J.)