IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.9563 of 2010 RAJENDRA KUMAR JHA @ RAJU JHA, son of Kali Prasad Jha Versus THE STATE OF BIHAR ----------- 2/ 29.03.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 420, 467, 468, 471 and 379 of the Indian Penal Code and section 27(B) (2), 27(D)/28 and 28-A of the Drugs and Cosmetics Act and section 7 of the Essential Commodities Act. The petitioner has been alleged to have been engaged in the business of selling medicines which were meant only as “Physician’s sample”. However, taking into consideration the fact that the petitioner has no criminal antecedents and is in custody since 25.12.2009, 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 to the satisfaction of the Sub-Divisional Judicial Magistrate, Patna, in connection with Pirbahore P.S. case no.511 of 2009, 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, (ii) that the affidavit shall clearly state that the petitioner is not 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 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, - 2 - (iv)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. JA/- (Anjana Prakash, J.)