IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5947 of 2010 MUKESH KUMAR, S/O NAGINA RAI, R/O VILLAGE SABALPUR, NEWAL TOLA, P.S. – SONEPUR, DISTRICT – SARAN AT CHAPRA Versus STATE OF BIHAR ----------- 4 03.05.2010 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner seeks bail in a case registered under Section 20 of the Narcotic Drugs and Psychotropic Substance Act. The Police has apprehended Ramesh Kumar @ Ramesh Kumar Rai with 10 K.Gs. of Ganja and the petitioner with 5 K.Gs. of Ganga. Submission is that the recovery is not of commercial quantity rather it is much lesser than the commercial quantity. Co- accused Ramesh Kumar has been granted bail by this Court on 13.04.2010 in Cr. Misc. No. 10699 of 2010. Considering the facts and circumstances of the case, the petitioner Mukesh Kumar is directed to be released on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional District & Sessions Judge / concerned court, Saran at Chapra in connection with N.D.P.S. Case No. 10 of 2009 arising out of Sonepur P.S. Case No. 229 of 2009 on the following terms and 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. The bailor will also undertake to inform the court if there is any change in the address of the petitioner. (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 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. Praful ( Shyam Kishore Sharma, J.)