IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6259 of 2010 HEERAGAJ YADAV, SON OF LATE BRAHMDEO YADAV Versus STATE OF BIHAR ----------- 3. 04/03/2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 15, 18, 29 and 30 of the Narcotic Drugs and Psychotropic Substances Act. The prosecution case is that the Police on suspicion visited certain fields cultivated with Poppy plants and found some persons driving the tractor through them destroying the poppy plants. The persons apprehended, disclosed that they were cultivating poppies at the behest of the present petitioner and other co-accused persons and it is they, who had told them to destroy the plants since the Police had learnt about the same. There is no cogent material that it is the petitioner who had got cultivated the poppy plants nor do the fields belong to the present petitioner. Under the circumstances, let the petitioner above named, who is in custody since 18.12.2009 and has no criminal antecedent, 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 Sessions Judge, Begusarai, in connection with N.D.P.S. Case No. 02 of 2008 arising out of Bakhri P.S. Case No. 22 of 2008 subject to the following conditions: (i)That one of the bailors will be a close relative of the petitioner who will - 2 - 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 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. S.Ali (Anjana Prakash, J.)