IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7375 of 2010 SUNIL KUMAR S/O PRABHU SAHANI Versus 1. THE STATE OF BIHAR 2. THE UNION OF INDIA ----------- For the Petitioner : Mr. Sharda Nand Mishra, Advocate For the State : Mr. Gauri Shankar Gupta, A.P.P. For the Union of India : Mr. D. Surendra, C.G.C. --------- 4. 6.5.2010 Heard learned Counsel for the petitioner, the State and the Union of India. The petitioner seeks bail in a case instituted for the offence under Sections 20, 22, 23, 27(Ka) of the N.D.P.S. Act. The petitioner was refused bail on 21.8.2009 on the ground that recovery had been made from his Palani, but at that stage it was directed that if there is inordinate delay in conclusion of the trial he may renew his prayer for bail. A report had been called for from the trial court, which reveals that in fact even charges have not been framed up till now. In view of the fact that the co-accused Ankit Kumar has been released on bail by this court and the petitioner is in custody since 7.4.2009, 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, East Champaran, Motihari in Ramgarhwa P.S.case No.37 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 - 2 - 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 an 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 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. Narendra/ ( Anjana Prakash, J. )