IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.4111 of 2010 MUKESH KUMAR, S/O LATE UMAKANT PRASAD Versus STATE OF BIHAR **** /2/ 16.02.2010 Heard both the sides. 2. The petitioner seeks bail in a case instituted under Sections 26A, 28B and 27D/18A of the drugs and Cosmetics Act, 1940 and 2008. 3. Taking into consideration the fact that the petitioner is brother of the distributor who had stocked certain medicines whose production had been stopped by the Central Government and the petitioner is not directly involved in the occurrence, let the petitioner, above named, who is in custody since 26.11.2009 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 Pirbahore P.S. Case No. 469 of 2009 to the satisfaction of the Chief Judicial Magistrate, Patna, on 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 and 2 (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. S.A. (Anjana Prakash, J.)