IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.14968 of 2011 Gore Lal Chauhan @ Gore Chauhan @ Kuda Chauhan, S/o Late Nageshwar Chauhan. Versus 1. The State of Bihar. 2. The Union of India. -------------------- 03. 18.08.2011 Supplementary-affidavit filed today be kept on record. Heard learned counsel for the petitioner, State and the Union of India. The petitioner seeks bail in a case instituted for the offences under Section 413 of the Indian Penal Code and Sections 20 and 22 of the N.D.P.S. Act. The petitioner was refused bail by order dated 23.09.2010 since 51 Kgs. of ganja was recovered from the room where the petitioner was present along with other co-accused persons. The petitioner has renewed his prayer for bail on the ground that the trial is pending as also that he is not accused in any other case and in fact the co-accused who was arrested along with the petitioner from the same room is involved in the business of ganja which is evident from another case which has been instituted under the provisions of NDPS Act. The report of the Trial Court reveals that the two co-accused persons who are on bail have delayed the trial and the delay was not attributable to the petitioner. 2 Considering this fact as also that he has fair antecedents, 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 or any other surety as fixed by the Court to the satisfaction of Additional Sessions Judge-II, Patna in connection with Special P.S. Case No. 77 of 2009 arising out of Fatuha P.S. Case No. 463/2009 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 and the other bailor shall be the sister of the petitioner namely Ranjan Devi. The bailor will also undertake to inform the Court if there is any change in the address of 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 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. (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. 3 The Trial Court is directed to send a list of witnesses fixing specific dates to the S.P. Patna along with the copy of this order who will ensure the attendance of the witnesses on the said dates so that there is no further delay in trial. From henceforth the Trial Court will make out a trial plan in consultation with the APP and defence Lawyer and issue summons simultaneously to all the witnesses instead of sending it one after the other thus delaying the trial. Vikash/- (Anjana Prakash, J.)