IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.13023 of 2010 KAMLESH PRASAD s/o Late Ganesh Prasad Versus STATE OF BIHAR & ANR ----------- For the petitioner : Mr. Ratan Kumar Sinha, Advocate For the State : Mr. C. Jawahar, APP For the Union of India: Mr. D. Surendra, C. G. C. -------------- 3/ 28.04.2010 Heard learned counsel for the petitioner and the State. The petitioner was refused by earlier on two occasions by order dated 2.12.2005 and 18.10.2006 vide Cr. Misc. Nos. 24147 of 2005 and 42497 of 2006 respectively. However, the petitioner has remained in custody since 7.4.2005 for having been found to be carrier of a gunny bag in which ten kg of Ganja was found. In view of such and also that there is unnecessary delay in trial as is apparent from the order-sheet annexed and the petitioner has no criminal antecedent, 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 the 1st Additional Sessions Judge, Bettiah, West Champaran, in connection with Trial No.23 of 2005 arising out of Inerwa P.S. case no. 9 of 2005, 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. 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 accused in any other case and, if he is, he shall not be released on - 2 - 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 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. JA/- (Anjana Prakash, J.)