IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31264 of 2010 VINOD YADAV SON OF RAMVILAS YADAV Versus 1. THE STATE OF BIHAR 2. THE UNION OF INDIA ----------- 2. 14.9.2010 Heard learned Counsel for the petitioner, the State and the Union of India. The petitioner seeks bail in a case instituted for the offence under Sections 15(b), 17(b) and 18(b)n of the N.D.P.S. Act. Considering that the allegation against the petitioner is of having sown poppy plants and there was recovery of only one kg of ganja and the petitioner has no criminal antecedents and the brother of the petitioner undertakes responsibility of the petitioner’s conduct after his release from jail custody, let the petitioner above named, who is in custody since 8.3.2010, 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 concerned to the satisfaction of Special Judge, Aurangabad in Aurangabad (M) P.S.case No.45 of 2010, subject to the conditions (i) That one of the bailors shall be the brother of the petitioner and the other bailor 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 - 2 - he will inform the court 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 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. Narendra/ ( Anjana Prakash, J. )