IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.710 of 2010 1. NARESH RAI, S/o Late Ishwar Dayal Rai. 2. Md. Mumtaz, S/o Mustafa. Versus THE STATE OF BIHAR ----------- 02. 18.01.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offences under Sections 420 and 468/34 of the Indian Penal Code, Sections 17B, 18(a)(i), 18(c), 27(a), 27(b)(ii) and 28-27(c) and Sections 18/4 of Drugs and Cosmetics Act. Taking into consideration the fact that the petitioners were admittedly employees of co-accused, Binod Kumar who was involved in the business of manufacturing of illegal drugs and they are not directly involved in the same, let the petitioners above named who are in custody since 14.10.2009 be released on bail on furnishing bail bonds of Rs. 5,000/- (Five Thousand) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Patna City in connection with Agamkuan P.S. Case No. 234 of 2009 subject to the following conditions:- (i) That one of the bailors - 2 - 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 accused in any other case and if they are they shall not be released on bail. (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. (iv) That the petitioners will give an undertaking that they will receive the police papers on the given date and be present on date fixed for charge and if they fail to do so on two given dates and delays the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. Vikash/- (Anjana Prakash, J.)