IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.17486 of 2010 1. SHAMBHU CHOUDHARY son of Tufani Choudhary & 2. Umesh Nishad son of Mainerjar Nishad Versus STATE OF BIHAR ----------- 2/ 19.05.2010 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, 411/34 of the Indian Penal Code, and section 8/22 of the NDPS Act. It has been submitted that the petitioners were arrested on suspicion and from their possession Ativan tablets and some incriminating articles were recovered for which they have remained in custody sicne 16.8.2009. Further submission is that petitioner no.2 is implicated in one other case, whereas, petitioner no.1 has clean antecedent. In view of such, let the petitioners, 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 Chief Judicial Magistrate, Bettiah, West Champaran, in connection with Narkatiaganj Rail P.S. Case No.20 of 2009, subject to the conditions (i) that one of the bailors will be a close relative of the petitioners, who will give an affidavit giving genealogy as to how he is related with the petitioners. Another bailor of the petitioners shall be their brother. The bailors will undertake to furnish information to the court about any change in the address of the petitioners, (ii) that the bailor shall also state on affidavit that he will inform the court concerned if the - 2 - 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,(iii) 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 (iv) 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.)