IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.14810 of 2010 RAJ KISHORE PANDEY @ MUNU PANDEY son of Ram Tapasya Pandey Versus STATE OF BIHAR & ANR ----------- 3/ 11.05.2010 Heard learned counsel for the parties. The petitioner seeks bail in a case instituted for the offence under section 20-B of the NDPS Act. Prosecution case is that on secret information that Ram Tapsya Pandey had stored Ganja in his house, the said house was searched and 80 Kg. Ganaja was recovered from a room where co- accused Umesh Pandey and Ram Tapsya Pandey were found. The petitioner was not present at the place of occurrence. From the impugned order it appears that the alleged Ganja has not yet been chemically tested at the FSL. It has been submitted that the petitioner has no criminal antecedent which fact will be verified by the Sessions Judge before releasing the petitioner on bail. In view of such, let the petitioner, above named, who is in custody since 29.3.2010, 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 Sessions Judge, Bhojpur at Arrah, in connection with Barhara P.S. case no.190 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. The bailor will undertake to furnish information to the court about any change in the address of the petitioner, (ii) That the affidavit - 2 - 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, and (iv) 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. JA/- (Anjana Prakash, J.)