IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.754 of 2010 1. BHARAT KUMAR YADAV, S/o Shekhar Yadav. 2. Babloo Kumar, S/o Deva Yadav. Versus THE STATE OF BIHAR ----------- 02. 19.01.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offences under Sections 8, 20 and 22 of the N.D.P.S. Act and Sections 25 (1-B) A, 26 and 35 of the Arms Act. Taking into consideration the fact that the ganja recovered was much below the commercial quantity and for recovery of the arms the petitioners have remained in custody since 11.09.2009 and have no criminal antecedent, let the petitioners above named be released on bail on furnishing bail bonds of Rs. 5,000/- (Five Thousand) each with two sureties of the like amount each to the satisfaction of Sessions Judge-cum-Special Judge, Nalanda at Biharsharif in connection with Laheri P.S. Case No. 187 of 2009 subject to the following 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 - 2 - related with the petitioners. (ii) That the affidavit shall clearly state that the petitioners are not 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 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. Vikash/- (Anjana Prakash, J.)