IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32387 of 2010 NANHE SINGH S/O LATE BHAGWAN SINGH Versus STATE OF BIHAR ----------- 2. 28.09.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 8/20 of the N.D.P.S. Act. It has been submitted that the petitioner was granted bail earlier by an order dated 13.07.2010 vide Cr.Misc. No. 19842 of 2010 on a condition that an affidavit shall be filed that the petitioner is not an accused in any other case as also that his mother/wife shall be one of the other bailor since the petitioner was an accused in a case under Section 376/34 I.P.C. i.e. Bikramganj P.S. Case No. 132/94, such an affidavit could not be filed on his behalf. It has also been submitted that now the petitioner’s daughter-in-law is ready to stand surety in place of mother/wife. In view of such, this application is allowed. Considering the same, let the petitioner 2 above named, be released on bail on furnishing bail bond of Rs. 5,000/-(Five thousand) with two sureties of the like amount each or any other surety to be fixed by the court concerned to the satisfaction of learned Sessions Judge, Rohtas in connection with Bikramganj N.D.P.S. Case No. 199/09, subject to the conditions, (i) That one of the 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 address of the petitioner. (ii) 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 ground of misuse, (iii) 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, (iv) That 3 the petitioner will be well represented on each date if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. The fact that the petitioner is an accused in only one other case of the year 1994 shall be verified by the court below before releasing the petitioner on bail. Fahad. ( Anjana Prakash, J. )