IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 26464 of 2011 Dinesh Kumar Singh, S/o Sri Ram Narayan Singh. Versus The State of Bihar & Anr. -------------- 05. 25.11.2011 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 20 and 22 of NDPS Act. The prosecution case is that when one Surendra Prasad was arrested with ganja loaded on the Bolero he disclosed that the driver was one Jhulan and had run away and that the ganja had been given to him by one Dinesh Singh for delivery. On basis of this disclosure of name the petitioner who belongs to UP was put behind the bars. The submission is that the petitioner has no connection with the ganja recovered from the possession of the co-accused nor does he have any criminal antecedents. A report was called for from the district Gonda, UP which reveals that the petitioner has fair antecedents. 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 as fixed by the Court to the satisfaction of 3rd Additional Sessions Judge, East 2 Champaran, Motihari in connection with Kotwa P.S. Case No. 37 of 2011 subject to the following conditions:- (i) That one of the bailors shall be local since the petitioner belongs to UP and the other bailor shall be the brother of the petitioner namely Manoj Kumar Singh. 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 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. (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 and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. Vikash/- (Anjana Prakash, J.)