IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3994 of 2010 LAXMAN SAH, S/o Late Inder Sah. Versus THE STATE OF BIHAR & ANR ----------- 03. 16.03.2010 Heard learned counsel for the petitioner, State and the Union of India. The petitioner seeks bail in a case instituted for the offences under Sections 20(1), 21, 22 and 27 of the N.D.P.S. Act. The police on suspicion arrested three persons including the petitioner who were seen fleeing away from a hut near the place of occurrence. From motor-cycle parked there eighteen packets of brown sugar weighing about 25 Gms were recovered. The motor-cycle belongs to Nagendra Kumar Singh who admitted that it was his but the articles belong to co-accused, Dharmendra Tiwary and Laxman Sah. Taking into consideration the fact that no recovery was made from the conscious possession of the petitioner and he has no criminal antecedent, let the petitioner above named who is in custody since 17.10.2009 be released on bail on furnishing bail bond of Rs. 5,000/- (Five Thousand) with two sureties - 2 - of the like amount each to the satisfaction of Chief Judicial Magistrate, Rohtas in connection with Sheosagar P.S. Case No. 218 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 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. Vikash/- (Anjana Prakash, J.)