IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.9010 of 2010 BHUTI CHAUDHARY, son of late Fauzdar Chaudhary Versus STATE OF BIHAR ----------- 3/ 17.03.2010 Heard learned counsel for the petitioner, Mr. D. Surendra, C.G.C, and learned A.P.P. for the State. The petitioner seeks bail in a case instituted for the offence under sections 328, 307, 379 and 411/34 of the Indian Penal Code and section 8 and 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985. It has been submitted that eleven persons were caught on the spot with incriminating articles and three of whom disclosed the names of seven co-accused persons, including the present petitioner. The petitioner was searched after such disclosure, but, no incriminating article was recovered from his possession. Taking into consideration the aforementioned facts as also the fact that the petitioner has remained in custody since 16.2.2010,let the petitioner, above named, 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 the Sessions Judge, West Champaran, Bettiah, in connection with Narkatiaganj Rail P.S. case no.20 of 2009, subject to the 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 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 - 2 - 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,(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 and (iv) that the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. The fact that the petitioner is not accused in any other case of similar nature will be verified by the Magistrate before releasing the petitioner on bail. JA/- (Anjana Prakash, J.)