IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35544 of 2009 DASHRATH TURI SON OF KHAM LAL TURI, RESIDENT OF VILLAGE TETARIYA, POLICE STATION BARACHATTI, DISTRICT GAYA …. PETITIONER Versus STATE OF BIHAR ----------- 2. 26.10.2009 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 15 and 18 of the Narcotic Drugs and Psychotropic Substance Act. Taking into consideration the fact that the allegation against the petitioner and his brother was of having planted opium plants but the said crops have been destroyed, so there is no likelihood of any report in the matter and there is only oral evidence in this regard, let the petitioner above named, who is in custody since 21.8.2009 and has no criminal antecedents, 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 1st Additional Sessions Judge, Gaya in connection with Barachatti P.S.case No.43 of 2008 N.D.P.S.Case No.2 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 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, 2 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. Narendra/ ( Anjana Prakash, J. )