IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16151 of 2010 1. MANBOTH RAM SON OF GORAKH RAM ALIAS KISHNATH RAM 2. KUNDAN RAM ALIAS PARESAN RAM SON OF BACHCHAN RAM ALIAS RAMLAL RAM 3. SHANTI RAM SON OF RAJU RAM ALIAS PREM SHANKAR RAM Versus 1. THE STATE OF BIHAR 2. UNION OF INDIA ----------- 2. 17.5.2010 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 8/22 of the Narcotic Drugs and Psychotropic Substance Act. The petitioners were arrested on suspicion and from their possession 12 tablets each of Ativan was recovered along with two allegedly looted Mobiles. However, it has been submitted that the petitioners have no criminal antecedents and are in custody since 18.2.2010. In view of such, 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 to the satisfaction of Sessions Judge, West Champaran, Bettiah in N.D.P.S.case No.13 of 2010 arising out of Narkatiaganj Rail P.S.case No.11 of 2010, 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 - 2 - petitioners. Petitioner No.3 is required to give one local bailor in view of the fact that he belongs to Gorakhpur district. The bailor will undertake to furnish information to the court about any change in the 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 bailor 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 the ground of misuse, (iv) that the petitioners 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 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 and (v) 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. Narendra/ ( Anjana Prakash, J. )