IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.24637 of 2011 1. Md. Kalimuddin @ Kalu @ Kalimuddin son of Md. Ibrahim, 2. Sk. Aswar @ Aswar son of Raja Seikh, both resident of village- Jan Nagar, Police Station- Ratua, District- Malda (West Bengal) & 3. Faizuddin son of Shamsul Haque, resident of village- Karbara, Police Station- Ratua, District- Malda (West Bengal) …Petitioners Versus The State Of Bihar …OP ----------- 2/ 03.08.2011 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under sections 328,307,379 and 414/34 of the Indian Penal Code and section 20/22 of the Narcotics Drugs and Psychotropic Substance Act. It has been submitted that the petitioners are in custody since 15.05.2011 for having been arrested with ATIVAN tablets and suspected to be involved in drugging passengers and stealing of their belongings. It has specifically been asserted that the petitioners have fair antecedents which fact shall be verified by the court below before releasing them on bail. In view of such, let the petitioners, above named, be released on bail on furnishing bail bond of Rs.5,000/- (five thousand) each with two sureties of the like amount each or any other surety to be fixed by the court below to the satisfaction of the Special Judge, NDPS Cases, Katihar, in connection with G.R. No.39 of 2011 arising out of Katihar Rail P.S. Case No.19 of 2011, subject to the conditions (i) that one of the bailors will be local since the petitioners are the residents of West Bengal and another 2 bailor shall be their father/brother/mother. The bailors will undertake to furnish information to the court about any 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 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 delay the trial in any manner, their bail will be liable to be cancelled for reasons of misuse, and (v) 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.)