IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13732 of 2010 DIL BAHADUR @ DIL BAHADUR KARKEE, SON OF RATAN BAHADUR KARKEE, RESIDENT OF VILLAGE-DUMARBANA, P.O.-SIMRA, WARD No. 4, DISTRICT-BARA, NEPAL. …..Petitioner. Versus THE STATE OF BIHAR …..Opposite Party. For the Petitioner : Mr. Ravindra Kumar (Adv.) For the State : APP. ----------- 02/ 03.05.2010 Heard learned Counsel for the petitioner and learned Counsel for the State. The petitioner is accused of a case registered under Section 414 of the Indian Penal Code and Section 20/22/23/24 of the Narcotic Drugs and Psychotropic Substances Act. This petitioner and two others namely Ramesh Kumar and Milan Upreti were apprehended on suspicion of having been dealing with the sale and purchase of smack but the alleged smack was recovered from the possession of Ramesh Kumar. Submission is that another similarly situated accused Milan Upreti has been granted bail on 31.03.2010 in Cr. Misc. No. 45433 of 2009. Considering the facts and circumstances of the case, the above named petitioner is directed to be released from 2 custody on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Additional Sessions Judge/court concerned, East Champaran, Motihari in connection with N.D.P.S. Case No. 49 of 2009 arising out of Raxaul P.S. Case No. 83 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, second bailor will be a local since the petitioner is the resident of Nepal and the third bailor will be a government servant, (ii) that the affidavit 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 3 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 fails to do so on two consecutive dates, his bail will be liable to be cancelled. kksinha/ (Shyam Kishore Sharma, J.)