IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7362 of 2010 KAMESHWAR SINGH, S/o Late Tanik Singh. Versus THE STATE OF BIHAR ----------- 02. 05.03.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 420, 467, 469, 471, 473 and 120B of the Indian Penal Code read with Sections 18C, 27(a)(b)(ii) and 27(c)(D) of Drugs and Cosmetics Act, 2008 and Section 18(c) of Narcotics Drugs and Psychotropic Substance Act, 1985 along with Sections 16 and 30 of Copy Right Act. The prosecution case is that when one Krishna Prasad was arrested he disclosed that one Pankaj Kumar, Dilip Kumar, Niraj Vidyarthi and Harendra Kumar were involved in the production and packing of spurious medicine which was running in the house of the present petitioner. He does not say that the petitioner was in any way involved in the said transaction and the only allegation against him is that he was the land-lord of Kewal Kumar Sinha who was involved in the said transaction. Under the circumstances, let the petitioner above named who is in custody since 06.12.2009 be released on bail on furnishing bail bond of Rs. 5,000/- - 2 - (Five Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Patna in connection with Kadamkuan P.S. Case No. 347 of 2009 (Special Case No. 79 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 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. (iv) That the petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse. Vikash/- (Anjana Prakash, J.)