IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4302 of 2010 BRIJESH KUMAR @ BRIJESH SAH, SON OF MANAGER SAH Versus STATE OF BIHAR ----------- For the petitioner : Mr. S.N.P. Sinha, Sr. Adv. Mr. Sanjeev Dubey, Adv. Mr. Saket Tiwary, Adv. For the State : Mr. C. Jawahar, A.P.P. For the Union of India : Mr. D. Surendra (CGC) -------------- 3. 17/02/2010 Heard learned Counsel for the petitioner, learned counsel for the Union of India and the State. The petitioner seeks bail in a case instituted for the offence under Sections 20 and 22 of the N.D.P.S. Act. Taking into consideration the fact that the petitioner on being arrested on suspicion, was brought to the place where recovery of 15 Kgs. Ganja was made but, the petitioner does not claim the same and the quantity is much lesser than the commercial, let the petitioner above named, who is in custody since 10.11.2009 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, Bettiah, in connection with Shikarpur P.S. Case No. 279 of 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. (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 2 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. S.Ali (Anjana Prakash, J.)