IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.24445 of 2010 UPENDRA MAHTO s/o Late Mahaveer Mahto Versus STATE OF BIHAR & ANR ----------- 2/ 10.08.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 21/22 of the NDPS Act. It has been submitted for recovery of about 6Kg. Ganja the petitioner has remained in custody since 4.3.2010 and has no criminal antecedent. In view of such, 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 1st Additional Sessions Judge, Begusarai, in connection with NDPS Case No.6/10 arising out of Cheriya Bariyarpur P.S. Case No.16 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 and the other bailor shall be the brother 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 - 2 - 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. The fact that the petitioner has no criminal antecedent will be verified by the Magistrate before releasing the petitioner on bail. JA/- (Anjana Prakash, J.)