IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28906 of 2011 Pankaj Kumar son of Akhilesh Kumar Singh Versus 1. The State Of Bihar 2. The Union of India ----------- 4. 12.10.2011 Heard learned Counsel for the petitioner and the Union of India. The petitioner seeks bail in a case instituted for the offence under Section 414 of the Indian Penal Code and Sections 17 and 25 of the Narcotic Drugs and Psychotropic Substances Act. The prosecution case is that on a tip off the police intercepted a sumo vehicle and two motorcycles in a suspicious condition. From the sumo vehicle 5kgs of alleged brown sugar was recovered. It is not specified in the First Information Report as to who was the occupant of the sumo vehicle nor as to which of the accused persons was sitting on the motorcycle. During investigation the petitioner raised a plea that he was going to Patna to buy medicines of his grand father, which fact was supported even by the truck driver, who had given lift up to some distance. Considering the aforesaid fact as also that no material was recovered from the conscious possession of the petitioner, who has fair antecedents, 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 - 2 - each or any other surety to be fixed by the court concerned to the satisfaction of learned Additional Sessions Judge 3rd, Jehanabad in connection with Makhdumpur P.S. Case No. 163 of 2011, subject to the conditions (i) That one of the bailor shall be the father of the petitioner and the other bailor shall be local since the petitioner belongs to Gaya district. The bailors will undertake to furnish information to the Court about any change in address of the petitioner. (ii) That the affidavit shall clearly state that the petitioner is not an 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 ground of misuse, (iv) That the petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse, (v) That the petitioner will be well represented on each date if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. Narendra/ ( Anjana Prakash, J. )