IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13975 of 2010 ARUN RAY S/O LATE PITAMBER RAY Versus 1. THE STATE OF BIHAR 2. UNION OF INDIA ----------- For the Petitioner : Mr. Dhirendra Kumar Sinha, Advocate For the Union of India : Md. Abu Haider, C.G.C. --------- 4. 25.6.2010 Heard learned Counsel for the petitioner and the Union of India. The petitioner seeks bail in a case instituted for the offence under Sections 20 and 22 of the N.D.P.S. Act. It has been submitted that even though in the first information report the allegation is that 92 kgs of ganja was recovered from the house of the petitioner, but the two seizure list witnesses examined in paragraphs 18 and 19 of the case diary have specifically stated that the recovery was from behind the house of the petitioner and probably it belonged to some other person, who had run away. The further submission is that there is no signature of the petitioner on the seizure list. The petitioner has fair antecedents indicating that he is not involved in the business of sale and purchase of ganja. In view of such, let the petitioner above named, who is in custody since 8.2.2010, 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 the Sessions Judge, Vaishali in Raghopur P.S.case No.7 of 2010, subject to the conditions (i) That one of the bailors shall be the mother/wife of the petitioner and the - 2 - other 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 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. )