IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19034 of 2010 TABARAK MIAN, S/o Basir Mian Versus 1. THE STATE OF BIHAR. 2. The Union of India through D.G. NCB, New Delhi. ----------- 04. 08.09.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 18, 20, 21, 22 and 23 of N.D.P.S. Act. Considering that the petitioner is in custody since 15.01.2010 for being in possession of 3 Kgs. Ganja and he is not accused in any other case of similar nature, 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 or any other surety as fixed by the Court to the satisfaction of 4th Additional Sessions Judge, West Champaran, Bettiah in connection with Tr. No. 27 of 2010 arising out of Lauriya P.S. Case No. 04 of 2010 subject to the following 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 and the other bailor shall be the mother/wife of 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 2 be filed on behalf of the petitioner that he is not an accused in any other case of similar nature which fact will be verified by the court below before releasing the petitioner on bail and in case he is accused 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. Vikash/- (Anjana Prakash, J.)