IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.447 of 2010 GOKHUL SAH SON OF BALIRAM SAH Versus STATE OF BIHAR ----------- 2. 18/01/2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 8(c) and 20(B) of the N.D.P.S. Act. The present case has a chequered history in view of the fact that initially the petitioner was made an accused for having been in possession of 15 Kgs. of Ganja and booked under the offences punishable under Section 8(C) and 20(B) of the N.D.P.S. Act on 25.12.2006. Thereafter, on 11.6.2007 the petitioner and other c0-accused were granted bail under the provisions of Section 167(2) Cr. P.C. on two conditions one of which was that one bailor should be a gazetted officer which the petitioner and other co-accused were unable to furnish. Therefore, the petitioner came before this Court vide Cr. Misc. No. 829 of 2007 for modification of the said condition which was allowed vide order dated 13.7.2007. However, the other co-accused persons moved for modification of the said order vide Cr. Misc. No. 33045 of 2007 which was dismissed, and thereafter bail of the petitioner was cancelled. In view of the fact that the petitioner had initially been granted bail under Section 167(2) Cr. P.C. and the 2 order has been modified by this Court, I am inclined to grant bail to the petitioner modifying the condition for bail to the aforesaid extent, 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 Sessions Judge, Bhojpur at Arrah, in connection with N.D.P.S. Case No. 26 of 2006 arising out of Sahpur (Balirampur) P.S. Case No. 207 of 2006 subject to the following 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 an accused in any other case and if he is, he shall not be released on bail. (iii)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. S.Ali (Anjana Prakash, J.)