IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42675 of 2009 1. RAMAYAN MUKHIYA, S/o Late Jag Mohan Mukhiya. 2. Durga Patel Kurmi, S/o Kanhaiya Patel. Versus 1. THE STATE OF BIHAR. 2. The Union of India through D.G. NCB, New Delhi. ----------- 03. 17.02.2010 Heard learned counsel for the petitioner, State and Union of India. The petitioner seeks bail in a case instituted for the offences under Sections 20 and 22 of the N.D.P.S. Act. It has been submitted that the informant alleges that on the date of occurrence when on suspicion certain persons were chased two of them were caught and when the area was searched 275 Kgs ganja was recovered from there. It has further been submitted that it can not be conclusively that it is the petitioners who have thrown away the said ganja which was subsequently recovered since a number of persons were seen fleeing away. In view of the submissions made above and also that the petitioners have no criminal antecedent, let the petitioners above named be released on bail on furnishing bail bonds of Rs. 5,000/- (Five Thousand) each with two sureties of the like amount each to the satisfaction of Sessions Judge, West Champaran at Bettaih in connection with Sikta P.S. Case No. 41 of 2009 subject to - 2 - the following conditions:- (i) That one of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners since the petitioners are citizens of Nepal so a local bailor should be furnished by them with proper scrutiny of the same. (ii) That the affidavit shall clearly state that the petitioners are not accused in any other case and if they are they shall not be released on bail. (iii) That the bailor shall also state on affidavit that he will inform the court concerned if the petitioners are implicated in any other case of similar nature after their 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 petitioners 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 they fail to do so on two given dates and delays the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. (v) That the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. Vikash/- (Anjana Prakash, J.)