IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44498 of 2009 RAM HIRDYA MAHTO SON OF RAMSWARTH MAHTO Versus STATE OF BIHAR ----------- 2. 23.12.2009 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 20, 21 and 22 of the N.D.P.S. Act. The prayer for bail was earlier rejected by an order dated 28.6.2006 passed in Cr.Misc.No.24490 of 2006 and the petitioner has renewed his prayer for bail after having remained in custody since 12.9.2005. Taking into consideration the fact that the recovery of 21 kg. ganja was not from the conscious possession of the petitioner and up till now only six witnesses have been examined out of ten and no witness has been examined after 2007, 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 3rd Addl. Sessions Judge, East Champaran, Motihari in Darpa P.S.case No.26 of 2005 (N.D.P.S. case No.77 of 2005), subject to the conditions (i) that one of the bailors will be a close relative of the petitioner who will give an affidavit genealogy as to how he is related with the petitioner and (ii) 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. Narendra/ ( Anjana Prakash, J. )