IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32019 of 2010 BARHAMDEO YADAV, SON OF LATE KESHAR YADAV Versus THE STATE OF BIHAR ----------- 3. 29.09.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 47(a) of the Excise Act and Section 17 of the N.D.P.S. Act. Considering that for misuse of privilege of bail for a period of about ten years, the petitioner has remained in custody since 16.7.2010 and undertakes to be more vigilant in future, 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 or any other surety to be fixed by the court concerned to the satisfaction of 1st Additional Sessions Judge, Gaya, in connection with NDPS Case No. 3 of 1998/Excise Case No. 22 of 1996 subject to the following 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 and the other shall be the son of the petitioner. The bailor will undertake to furnish information to the Court about any change in 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 2 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. The Special Judge, Gaya, before releasing the petitioner on bail will confirm that in period of abscondence, the petitioner has not indulged in any anti-social activities by calling a report from the Superintendent of Police. S.Ali ( Anjana Prakash, J.)