IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.14853 of 2010 KARTIK PRASAD son of late Kedar Prasad Versus STATE OF BIHAR ----------- For the petitioner : Mr. Yogesh Chandra Verma, Sr. Advocate with Mr. Javed Aslam, Advocate For the OP No.2 : Mr. Abu Haider,CGC For the State of Bihar : Mr. C. Jawahar, APP ------------- 5/ 04.08.2010 Heard learned counsel for the petitioner, Union of India and the State. The petitioner seeks bail in a case instituted for the offence under sections 20, 22 of the NDPS Act. It has been submitted that the petitioner was apprehended by the informant, who is a private person, and from his possession forty ‘puriyas’ of alleged smack was recovered. Further submission is the weight of the said smack was not entered anywhere and the entire story alleged search and seizure appears to be doubtful. Considering the same as also that the petitioner is in custody since 30.11.2009 and has no criminal antecedent, let the petitioner, above named, 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 ADJ IX, East Champaran at Motihari, in connection with NDPS case no.121 of 2009 arising out of Motihari (Town ) P.S. Case No. 393 of 2009, 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 - 2 - petitioner and the other bailor shall be the wife of 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 accused in any other case and, if he is, he shall not be 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 his 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 petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. JA/- (Anjana Prakash, J.)