IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.8760 of 2010 GANGA MAHATO, S/O SAKICHAN MAHATO Versus STATE OF BIHAR **** /2/ 10.03.2010 Heard both the sides. 2. The petitioner seeks bail in a case instituted under Sections 328, 307, 379, 411 and 34 of the Indian Penal Code and 8 and 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985. 3. It has been submitted that eleven persons were caught at the spot with incriminating articles and three of them disclosed the names of seven co-accused persons, but, not the name of the present petitioner. The petitioner has been roped in the present case on suspicion, but, there has been no recovery from his possession nor does he have criminal antecedents. 4. Under the circumstances, let the petitioner, above named, who is in custody since 01.09.2009 be released on bail on furnishing bail bond of Rs.5,000/- (rupees five thousand) with two sureties of the like amount each in connection with Narkatiaganj Rail P.S. Case No. 20 of 2009 to the satisfaction of the Sessions Judge, West Champaran at Bettiah on the conditions (i) that one of the bailors will be a close relative of the petitioner 2 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 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 give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner then his bail will be liable to be cancelled for reasons of misuse and (v) 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.A. (Anjana Prakash, J.)