IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11846 of 2010 MAHESH KUMAR RAI @ MAHESHWAR RAI, S/o Sri Ram Jatan Rai. Versus THE STATE OF BIHAR & ANR ----------- 03. 21.04.2010 Heard learned counsel for the petitioner, State and the Union of India. The petitioner seeks bail in a case instituted for the offences under Section 414 of the Indian Penal Code and Section 20 of the N.D.P.S. Act. It is alleged that in all 13 Kgs. of ganja was recovered from the possession of the petitioner but when the same tested at the FSL it was not found to be ganja. In view of such and also that 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 1st Additional Sessions Judge, Samastipur in connection with N.D.P.S. Case No. 2 of 2009 arising out of Hasanpur P.S. Case No. 91 of 2009 subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit - 2 - giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is 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 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. Vikash/- (Anjana Prakash, J.)