IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6627 of 2010 NANDA DULAL DAS, SON OF LATE NARAYAN CHANDRA DAS Versus THE UNION OF INDIA ----------- 3. 23/03/2010 Heard learned Counsel for the petitioner, Mr. Sarvan Kumar (CGC), Counsel for the Union of India and the State. The petitioner seeks bail in a case instituted for the offence under Sections 20, 23 and 25 of the N.D.P.S. Act 1985. The petitioner is the owner of the truck from which Ganja loaded on the same was recovered and, therefore, has been implicated in the present case. Initially the petitioner was refused bail considering the merits of the case but a fresh application has been filed bringing on record the fact that the driver has similar antecedents for which he was proceeded in another case in West - Bengal, the documents of which are annexed herewith as Annexure-6 and the order sheet in the supplementary affidavit. Taking into consideration the fact that the petitioner has no antecedents whereas the driver of the truck had similar antecedents and the incriminating article was not stored in a secret chamber and the fact that the petitioner appeared before the authorities when summoned to do so, let the petitioner above named, who is in custody since 23.7.2009 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 Additional Judge-IX, Patna, in Special Case No. 28 of 2007 subject to the - 2 - following conditions: (i)That since the petitioner is a resident of West Bengal either one of the bailors will be a government servant of West Bengal or a local bailor and 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 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. S.Ali (Anjana Prakash, J.)