IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.17064 of 2010 1. LOTAN BIND son of Late Dukhan Bind & 2. Rama Bind son of Lotan Bind Versus STATE OF BIHAR & ANR ----------- 5/ 22.07.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under section 201 of the Indian Penal Code and 15, 18 of the NDPS Act. It has been submitted that when it was learnt that one Bhagera Rai had planted poppy plants in his field and had destroyed the same, he was arrested and he disclosed the name of the present petitioners being involved with him. Further submission is that it is not believable for the petitioners to have been working with the said Bhagera Rai since just few days back altercation took place between then on account of which a Panchayati was held which is evident from Annexure-2. In view of such, let the petitioners, above named, who are in custody since 8.3.2010, 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 District & Sessions Judge-cum-Special Judge, Arrah, Bhojpur, in connection with NDPS Case No. 3 of 2010 (Koilwar P.S. Case No.41 of 2010), subject to the conditions (i) 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 and the other bailor shall be the wife/mother of the petitioners. The bailors will undertake to furnish information to the court about any - 2 - change in the address of 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 be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. JA/- (Anjana Prakash, J.)