IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28834 of 2009 BHOJ CHOUDHARY Versus THE STATE OF BIHAR ----------- Cr.Misc. No.29681 of 2009 1. SHANKAR BAITHA 2. Kishori Sah Versus STATE OF BIHAR ----------- 2. 02.09.2009 Heard learned counsel for the petitioners and learned counsel for the State. The petitioners are in custody in a Police case under Sections 20 and other provisions of the N.D.P.S. Act for alleged recovery of 13 Kg. of Ganja from their respective house. Reliance is placed on an order of this court in Cr. Misc. No. 30229 of 2009 granting bail to one of the named co- accused from whose house such recovery was also affected noticing the submission that the same was below the commercial quantity. Let the petitioners, abovenamed be enlarged on bail on furnishing bail bonds of Rs. 10,000/-(Rupees ten thousand) with two sureties of the like amount each to the satisfaction of IInd Additional Sessions Judge, West Champaran, Bettiah in Trial No. 10 of 2009 arising out of Shri Nagar (Pujaha) P.S. Case No. 4 of 2009, 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 petitioner, (ii) that the affidavit shall clearly state that the petitioner is not an accused in 2 any other case and if he is, he shall not be released on bail and (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 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. AKS/ (Navin Sinha, J.)