IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27836 of 2010 BIRENDRA YADAV SON OF MUSAFIR YADAV Versus 1. THE STATE OF BIHAR 2. THE UNION OF INDIA With Cr.Misc. No.28231 of 2010 MURARI LAL SRIVASTAVA SON OF LATE JITAN LAL SRIVASTAVA Versus 1. THE STATE OF BIHAR 2. THE UNION OF INDIA With Cr.Misc. No.23613 of 2010 FIROZ ALAM SON OF NAIMUDDIN Versus 1. THE TATE OF BIHAR 2. DIRECTOR GNERAL, NARCOTICS CENTRAL BUREAU, WING NO.5, WEST BLOCK 1, R.K.PURAM, NEW DELHI ----------- 3. 23.8.2010 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 20/22 of the N.D.P.S. Act and 47(A) of the Excise Act. It has been submitted that when a vehicle was intercepted, 33 kgs. of ganja was recovered from the vehicle and the present petitioners were arrested from there being the occupants of the car. It has further been submitted that none of them was knowing that there was ganja in the vehicle, which even though it is highly unbelievable, the petitioners are granted bail for the reason that they have no criminal antecedents. In view of such, let the petitioners above named, who are in custody since 14.4.2010, be released on bail on furnishing - 2 - bail bond of Rs.5,000/- (Five thousand) each with three sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Siwan in Mufassil P.S.case No.72 of 2010 (In Cr.Misc.No.27836 of 2010) and Sessions Judge, Siwan in Siwan (Muffasil) P.S.case No.72 of 2010 (In Cr.Misc.No.28231 of 2010 and Cr.Misc.No.23613 of 2010), subject to the conditions (i) That one of the bailors shall be local since the petitioners belong to Gopalganj district and the second bailor will be the father/mother/brother of the petitioners and the third bailor will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners. The identity of the petitioners as well as the bailers shall be properly scrutinized by the court below so that there is no dispute with regard to their identification, (ii) that the affidavit shall clearly state that the petitioners are not an 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 and (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. The fact that the petitioners have no criminal antecedents will be verified by calling for a report from the - 3 - Superintendent of Police, Gopalganj since the petitioners are resident of that district as also the Superintendent of Police, Siwan where they were found and only released them they have no criminal antecedents. Narendra/ ( Anjana Prakash, J. )