IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18696 of 2010 1.MAHENDRA RAM 2.Ramlal Ram alias Ramlal Mahra Versus STATE OF BIHAR & ANR . ----------- 3. 23.6.2010. Heard learned counsel appearing on behalf the petitioners, learned counsel appearing on behalf of the State and learned counsel for the Union of India. The petitioner is an accused in connection with Shikarpur P.S.Case No.27 of 2010 for the offence punishable under section 20/22 of the NDPS Act. Substance of allegation against petitioner no.1 is recovery of 5 kgs. Of Ganja and against petitioner no.2 recovery of 2 kgs. Of Ganja. Learned counsel for the petitioner submits that the alleged seized Ganja is not commercial quantity. He further submits that the petitioners have clean antecedents and have never been involved in any case of similar nature. He further submits that co-accused, namely, Israil Roy from whose possession, recovery of 5 kg. of Ganja was made, has been granted bail by this court in Cr.Misc.No.15022 of 2010 by order dated 2 12.5.2010 and that the case of the petitioners stand on same and similar footing. Taking into consideration the circumstances, let petitioners (1) Mahendra Ram and (2) Ramlal Ram alias Ramlal Mahra be released on bail on individually furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Sessions Judge, Bettiah (West Champaran) in connection with Shikarpur P.S.Case No.27 of 2010, subject to the following conditions, (a) that one of the bailors will be a close relative of the petitioners, who will file an affidavit giving genealogy as to how he is related with the petitioners. Another bailor shall be local since the petitioners belong to Nepal. The bailors will undertake to furnish information to the court about any change in the address of the petitioners. The court shall insist on proper identification of the petitioners and the bailors preferably with photograph so that there is no risk of mistaken identity, (b) that the affidavit shall clearly state that the petitioners are not accused in any other case and, if they are, they shall not be released on bail, (c) that the 3 bailors shall also state on affidavit that they will inform the court concerned if the petitioners are implicated in any other case of similar nature after their 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, (d) that the petitioners will give an undertaking that they will receive the police papers on the given date and be present on date fixed for charge and if they fail to do so on two given dates and delay the trial in any manner, their bail will be liable to be cancelled for reasons of misuse, and (e) that the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled and that the Magistrate before releasing the petitioners on bail will verify the fact that the petitioners are not accused in any other case. ahk (Jyoti Saran, J.)