IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.2148 of 2010 MD.SAMIM RAIN, S/O ABDUL GHAFOOR RAIN Versus STATE OF BIHAR **** /2/ 03.02.2010 Heard the counsel for the parties. 2. The petitioner seeks bail in a case instituted under Sections 21, 22, 25 and 27(A) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 3. Taking into consideration the fact that fifty grams heroin was recovered from the biscuit factory of the petitioner and not his possession, which is much lesser then the commercial quantity and the petitioner, above named, who is in custody since 20.08.2008 and has no criminal antecedent, let he be released on bail on furnishing bail bond of Rs.5,000/- (rupees five thousand) with two sureties of the like amount each in connection with Mohania P.S. Case No. 228 of 2009 to the satisfaction of the Sessions Judge-cum-Special Judge, Kaimur at Bhabhua, on 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, he shall not be released on bail, (iii) 2 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. S.A. (Anjana Prakash, J.)