IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22362 of 2010 RAVI RAI SON OF YOGESHWAR RAY Versus 1. THE STATE OF BIHAR 2. THE UNION OF INDIA ----------- 3. 8.7.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 20 and 22 of the Narcotic Drugs and Psychotropic Substance Act. The prosecution case is that a number of houses were searched in the locality where the petitioner was staying and from his house allegedly 47 kgs of ganja was recovered in the presence of one Panjabi Rai and Sanjeet Kumar. Similarly in their presence the house of one Arun Rai was also searched and from there 92 kgs of allegedly ganja was recovered. However, these witnesses were examined during investigation, they did not support the case of seizure and, therefore, co-accused Arun Rai was granted bail. The petitioner’s case is similar in nature as also that the petitioner has no criminal antecedents. Considering the same, let the petitioner above named, who is in custody since 8.2.2010, 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 1st Additional District and Sessions Judge, Vaishali at Hajipur in Raghopur P.S.case No.7 of 2010, subject to the conditions (i) That one of the bailors shall be - 2 - the father/mother 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 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 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. )