IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.38589 of 2011 Mukesh Tiwari, son of Krishnanand Tiwari, R/o village- Bindusar Bujurg, P.S.- Siwan Muffasil, District- Siwan …Petitioner Versus The State Of Bihar ...OP ---------------------------------- 3/ 16.12.2011 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 20/22 of the Narcotics Drugs and Psychotropic Substance Act. Considering that seven kilograms Ganja was recovered from the possession of the co-accused, whereas, the petitioner was found to be in possession of a country made pistol and two live cartridges for which another has been instituted as also the petitioner is in custody since 15.07.2011 having no other antecedents of similar nature of offence under NDPS Act, 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 or any other surety to be fixed by the court below to the satisfaction of the District and Sessions Judge, Siwan, in connection with Pachrukhi (Sarai OP) P.S. Case No.112 of 2011, 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 another bailor shall be Rakesh Kumar Tiwary, brother of the petitioner. The bailors will undertake to furnish information to the court about any change in the address of the petitioner, (ii) That the bailors shall also state on affidavit that they will inform the court 2 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 the ground of misuse, (iii) 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, and (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. JA/- (Anjana Prakash,J.)