IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14005 of 2010 SUNIL KUMAR SON OF LATE SACHCHIDANAND SAH Versus 1. THE STATE OF BIHAR 2. UNION OF INDIA ----------- For the Petitioner : Mr. Lakshmi Kant Sharma, Advocate For the Union of India : Md. Abu Haider, C.G.C. --------- 2. 5.5.2010 The Counsel for the petitioner is permitted to implead Union of India as opposite party no.2 and serve a copy to the Counsel for opposite party no.2 in course of hearing of the application. Heard learned Counsel for the petitioner and the Union of India. The petitioner seeks bail in a case instituted for the offence under Sections 20/22 of the N.D.P.S. Act. The prosecution case is that on a secret information, an Auto Rickshaw was intercepted from where one person ran away, but the petitioner was apprehended with the Jhola allegedly containing 2 kgs of ganja. Considering that the same is not of commercial quantity and the petitioner has no criminal antecedents, 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 to the satisfaction of A.D.J. 7th, Patna in Deedarganj P.S.case No.184 of 2009 giving rise to Special case No.84 of 2009, subject to 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 - 2 - he is related with the petitioner. The bailor will undertake to furnish information to the court about any change in the address of 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 and (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. The fact that the petitioner is not an accused in any other case will be verified by the Magistrate concerned before releasing the petitioner on bail. Narendra/ ( Anjana Prakash, J. )