IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5454 of 2010 PRAKASH THAKUR SON OF SHRI SURESH THAKUR Versus 1. THE STATE OF BIHAR 2. THE UNION OF INDIA ----------- 3. 24.2.2010 Heard learned Counsel for the petitioner, the State and Mr. D. Surendra, C.G.C., for Union of India. The petitioner seeks bail in a case instituted for the offence under Sections 8/22 of the Narcotic Drugs and Psychotropic Substance Act, 1985. Taking into consideration the fact that on 13.9.2009 the petitioner was arrested with 25 Ativan tablets, which was suspected to have been kept by the petitioner for purposes of drugging the passengers, but there is no case against the petitioner of drugging any passenger, 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 to the satisfaction of learned Sessions Judge, West Champaran, Bettiah in Narkatiaganj Rail P.S.case No.26 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, (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 - 2 - case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse of bail and (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, his bail will be liable to be cancelled for reasons of misuse. Narendra/ ( Anjana Prakash, J. )