IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.24883 of 2010 BHAROS PASWAN son of Mewalal Paswan resident of village- Dhora, P.S. Pokaria, District- Bara (Nepal) ...Petitioner Versus STATE OF BIHAR & ANR …OP With Cr. Misc. No. 26427 of 2010 JAKIR HUSSAIN SON of Jalil Dewan resident of village- Dhora, P.S. Pokaria, District- Bara (Nepal) ...Petitioner Versus STATE OF BIHAR & ANR …OP ----------- For the petitioners : Mr. Ajay Kumar Singh, Advocate For the Union of India: Mr. Abu Haider, CGC For the State : Mr. C. Jawahar, APP ------------ 3/ 26.07.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under sections 20(b), 22, 23 and 24 of the NDPS Act. Considering that 5 kg. and 4 ½ kg. Ganja respectively were recovered from the possession of the petitioner for which they are in custody since 13.12.2009 and have no criminal antecedent, let the petitioners, above named, be released on bail on furnishing bail bond of Rs.5,000/- (five thousand) with three sureties of the like amount each to the satisfaction of the 9th Additional Sessions Judge, East Champaran at Motihari, in connection with NDPS Case no.127 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, second bailor shall be the brother/mother/wife of the petitioner(s) and the third bailor shall be - 2 - local since the petitioners are the resident of Nepal. The bailors 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 petitioners are not accused in any other case and, if they are, they shall not be released on bail, (iii)That the bailors shall also state on affidavit that they 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 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. JA/- (Anjana Prakash, J.)