IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6491 of 2010 SHAMBHU KUMAR, SON OF KEDAR CHAUDHARY Versus STATE OF BIHAR ----------- 2. 30/03/2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 328, 307, 379, 411, 34 of the Indian Penal Code, Sections 8 and 22 of the N.D.P.S. Act. The present case was instituted on 8.9.2009 against six persons of having been indulged in stealing of belongings of passengers in the train after drugging them. The petitioner is not named in the First Information Report and 12 days later he was nabbed by the Police on suspicion and body search was made in course of which 22 Ativan tablets were recovered from his possession and thereafter he was remanded in the present case. Taking into consideration the fact that the articles recovered are not relatable to any substantive case nor have the Ativan tablets is used for any purpose till its recovery, let the petitioner above named, who has no criminal antecedents and is in custody since 16.9.2009, 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, West Champaran at Bettiah, in Narkatiaganj Rail P.S. Case No. 25 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. - 2 - (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. (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. S.Ali (Anjana Prakash, J.)