IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45469 of 2010 1. GAMA GUPTA S/O SHIV GUPTA 2. NANDU KUMAR TANTI @ NANDU KUMAR TONI S/O NAND KISHORE TANTI Versus THE STATE OF BIHAR ----------- 3. 18.03.2011 Heard learned counsel for the petitioners and the state. The petitioners seek bail in a case instituted for the offence under Sections 20, 22 and 23 of the N.D.P.S. Act. Considering that the petitioners are in custody since 14.10.2010 for recovery of 7 Kg. ganja and the petitioners have fair antecedents, let the petitioners above named, be released on bail on furnishing bail bond of Rs. 5,000/-(Five thousand) each with two sureties of the like amount each or any other surety to be fixed by the court concerned to the satisfaction of learned Sessions Judge, West Champaran at Bettiah in connection with Inerwa P.S. Case No. 46/2010, subject to the conditions, (i) That one of the bailors will be local in nature since the petitioners belong to Gopalganj and Munger districts respectively and the other bailors shall be the father of the petitioners. The bailors will 2 undertake to furnish information to the Court about any change in address of the petitioners. (ii) That the affidavit shall clearly state that the petitioners are not an accused in any other case and, if they are, they shall not be released on bail, (iii) That the bailors shall also state on affidavit that he will inform the court concerned if the 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 ground of misuse, (iv) 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 delays the trial in any manner, their bail will be liable to be cancelled for reasons of misuse, (v) That the petitioners will be well represented on each date if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. Fahad. ( Anjana Prakash, J.)