IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19730 of 2010 1. RADHEY SHYAM SHARMA 2. RADHEY KRISHNA SHARMA BOTH SONS OF SHEODHANI SHARMA Versus STATE OF BIHAR with Cr.Misc. No.22725 of 2010 RAJ KUMAR SHARMA, SON OF AWADHESH SHARMA Versus 1. STATE OF BIHAR 2. THE UNION OF INDIA, THROUGH THE DIRECTOR NARCOTIC CONTROL BUREAU, NEW DELHI. ---- OPPOSITE PARTIES. ----------- 5. 13.08.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 20, 21 and 22 of the N.D.P.S. Act. It has been submitted that the Ganja was recovered from a shed meant for travelers and not from the conscious possession of the petitioners nor do they have any criminal antecedents. In view of such, let the petitioners above named, be released on bail on furnishing bail bond of Rs. 5,000/- (Five thousand) each with two sureties of the like amount each to the satisfaction of Sessions Judge/Special Judge, Jehanabad, in Jehanabad P.S. Case No. 467 of 2009, N.D.P.S. Case No. 2 of 2009 subject to the following conditions: (i)That one of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners and the other shall be the father/brother of the 2 petitioners. The bailor will undertake to furnish information to the Court about any change in address of the petitioners. (ii)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. (iii)That the bailor shall also state on affidavit that he 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. (iv)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. The court concerned before releasing the petitioners on bail will confirm that the petitioners have no criminal antecedents by calling for a report from the Superintendent of Police where the petitioners reside. S.Ali ( Anjana Prakash, J.)