IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4571 of 2010 FEKU PASWAN SON OF SAKAL PASWAN Versus 1. THE STATE OF BIHAR 2. THE UNION OF INDIA With Cr.Misc. No.5279 of 2010 RANJIT KUMAR PASWAN SON OF BISHWANATH PASWAN Versus 1. THE STATE OF BIHAR 2. THE UNION OF INDIA ----------- 2. 18.2.2010 The Counsels for the petitioners are permitted to implead Union of India as opposite party no.2 and serve a copy to the Counsel for opposite party no.2 in course of the day. Heard learned Counsel for the petitioners, Mr. D. Surendra and Mr. Sajid Salim Khan, learned Counsels for the Union of India (C.G.C.) and the State. The petitioners seek bail in a case instituted for the offence under Sections 21 and 22 of the N.D.P.S. Act. Taking into consideration the fact that only 12 kgs and 13 kgs of ganja was recovered from the bag suspected to be owned by the present petitioners, but they have no criminal antecedents and are in custody since 17.6.2009, let the petitioners 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 Railway Judicial Magistrate, Patna Junction, Patna/ Addl. Sessions Judge VII, Patna in connection with Special Case No.41 of 2009 arising out of Railway (Patna Junction) P.S.case No.176 of 2009, subject to the conditions (i) - 2 - 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, (ii) that the affidavit shall clearly state that the petitioners are not an accused in any other case and if they are they shall not be released on bail and (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 of bail. Narendra/ ( Anjana Prakash, J. )