IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9548 of 2010 SUMAN KUMAR MISHRA @ PANDITWA, SON OF RAGHWENDRA MISHRA Versus STATE OF BIHAR ----------- 3. 19/03/2010 Heard Mr. Prabhakar Jha, learned Counsel for the petitioner, Mr. D. Surendra (C.G.C), learned counsel for the Union of India, and Mr. S. Daya, (A.P.P.) for the State. The petitioner seeks bail in a case instituted for the offence under Sections 20 and 22 of the N.D.P.S. Act. Taking into consideration the fact that for recovery of five Ativan Tablets and the suspicion that it would be used for intoxicating passengers, the petitioner has remained in custody since 5.9.2009 but has no criminal 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 each to the satisfaction of District and Sessions Judge-Cum-Special Judge, N.D.P.S. Act, Muzaffarpur, in connection with Muzaffarpur Rail P.S. Case No. 58 of 2009 subject to the following 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. (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 - 2 - 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. The fact that the petitioner has no criminal antecedents will be verified by the Magistrate before releasing the petitioner on bail. S.Ali (Anjana Prakash, J.)