IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14539 of 2010 HEMANTI DEVI WIFE OF LATE MATHURA RAVIDAS Versus 1. THE STATE OF BIHAR 2. THE UNION OF INDIA ----------- 4. 5.7.2010 Heard learned Counsel for the petitioner and the Union of India. The petitioner seeks bail in a case instituted for the offence under Sections 20 and 21 of the N.D.P.S. Act. Even though the petitioner was arrested with charges of having sown poppy plants on two kathas of land belonging to her, but when she was questioned she stated that in fact her step son was in physical possession of the land in question and she did not know as to who had sown the poppy plants. In view of such, let the petitioner above named, who is in custody since 2.3.2010 and has no criminal antecedents, 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 Special Judge, Nawada in Special case No.2 of 2010 arising out of Kawakole P.S.case No.19 of 2010, subject to the 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. The bailor will undertake to furnish information to the court about any change in the address of the petitioner, (ii) that the affidavit shall clearly state that the petitioner is not an accused in any other case and if she is she shall not be - 2 - 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 her 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 and (iv) that the petitioner will be well represented on each date and if she fails to do so on two consecutive dates, her bail will be liable to be cancelled. Narendra/ ( Anjana Prakash, J. )