IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.31979 of 2010
NAND KISHORE SAH S/O DIN DAYAL SAH
Versus
STATE OF BIHAR
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3. 23.11.2010 Heard learned Counsel for the petitioner
and the State.
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 on 23.2.2010
the petitioner was refused bail presently vide Cr.
Misc. No. 5028 of 2010. A report from the Trial
Court has been received stating therein that only
one witness has been examined till date.
Considering the nature of allegation as also
the period of custody, 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 Ist
Additional Sessions Judge-cum-Special Judge,
N.D.P.C. Act, Bettiah, West Champaran in
connection with Tr. No. 27 of 2009, Nautan
2
(Jagdishpur) P.S. Case No. 130/2009, subject to the
conditions, (i) That one of the 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 and the other bailor shall be the father of
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 be well
represented on each date if he fails to do so on two
consecutive dates, his bail will be liable to be
cancelled.
Fahad. ( Anjana Prakash, J. )