IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32467 of 2011 Tej Narayan Singh S/o Sri Godhan Singh Versus The State Of Bihar ----------- 3. 30.9.2011 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 23C, 24, 25, 27A and 29 of the N.D.P.S. Act. The prosecution case is that two persons were caught with 68 kgs of ganja, who disclosed the names of their accomplices three in number. The petitioner is not named in the First Information Report. During investigation it transpired that the petitioner and one Sanjay Singh was the owner of the jeep, on which the ganja was being ferried. The submission is that the petitioner has fair antecedents and if at all the occurrence had taken place, it was done without collusion of the petitioner. Considering the same, 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 or any other surety to be fixed by the court concerned to the satisfaction of learned 1st Additional Sessions Judge-cum- Special Judge, N.D.P.S., Bhojpur at Ara in connection with Ara (Muffasil) P.S. Case No.168 of 2009 (N.D.P.S. case No.8A of 2009), subject to the conditions (i) That one of the - 2 - bailor 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 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 ground of misuse, (iv) That the petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse, (v) That the petitioner will be well represented on each date if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. Narendra/ ( Anjana Prakash, J. )