IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32467 of 2010 Mahesh Mandal son of late Padumlal Mandal, resident of village- Bhojpur Balwa, P.S. Terhagachh, District Kishanganj. – Petitioner. Versus STATE OF BIHAR--- Opp. Party. ----------- 3/ 08-10-2010 Heard the parties. In a criminal prosecution registered under sections 18,19 and 25 of the N.D.P.S. Act, the petitioner and one more person, have been named in the F.I.R. as accused. According to the F.I.R., vide Annexure-1, one and half bundles of poppy straw was seized from the roof of the house of the petitioner. It is submitted that as a matter of fact, the offences alleged in the F.I.R. would not be applicable against the petitioner and even according to the prosecution case, hardly a case under section 15 of the N.D.P.S. Act would be applicable in the present case. It is further submitted that admittedly seizure of the poppy straw was made in absence of the petitioner and there is nothing to show that the seized poppy straw were weighed by the prosecution party. In absence of any measurement it cannot be said that the seized article was more than that of small quantity. Petitioner is said to be in judicial custody since 19.05.2010. It is also submitted that the petitioner is a man of fair antecedent and no other criminal case is pending against him. Taking into consideration the facts and circumstances of the case, the above named petitioner is directed to the enlarged on bail on furnishing bail bond of Rs. 2 10,000/- with two sureties of the like amount each to the satisfaction of learned Special Judge, Purnia, in Spl. Case No. 05 of 2010, arising out of Terhagachh P.S. Case No.24 of 2010, subject to conditions that : (A) one of the bailors must be government servant or close family member of the petitioner, who will file an affidavit in the court below showing his/her relationship with the petitioner, (B) if the petitioner is found involved in same and similar nature of cases in future, then in that case the informant/ prosecution shall be at liberty to file a petition for cancellation of the bail of the petitioner, and if such a petition is filed, the court below would be obliged to dispose of the same in accordance with law after giving opportunity of hearing to all concerned and (C) the petitioner shall make regular pairvi in the court below in the present case either by appearing himself in person or through representation by his lawyer on each and every dates, and if on two consecutive dates petitioner fails to make pairvi, then the court below shall be at liberty to cancel the bail bonds of the petitioner. BTiwary/ ( Birendra Prasad Verma, J.)