IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39265 of 2009 PINTU SINGH @ PINTU KUMAR SINGH SON OF SRI BANKE BIHARI SINGH Versus THE STATE OF BIHAR ----------- 2. 23.11.2009 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 21/22 of the Narcotic Drugs and Psychotropic Substance Act. Taking into consideration the fact that the recovery was not from the conscious possession of the petitioner and the ganja was below the commercial quantity as also the fact that from Annexure-2, it is evident that the petitioner used to work in a private company for supply of Ayurvedic medicines, let the petitioner above named, who is in custody since 16.5.2009 and has no criminal antecedents, 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, Patna in connection with Special Case No.35 of 2009 arising out of Rail (Patna) P.S.case No.143 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 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 2 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. Narendra/ ( Anjana Prakash, J. )