IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.18269 of 2010
KAMAL KISHORE RAI S/O LATE MOTI RAI
Versus
1. THE STATE OF BIHAR
2. UNION OF INDIA
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For the Petitioner : Mr. Awanish Kumar Pandey, Advocate
For the Union of India : Mr. Md. Abu Haidar, C.G.C.
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4. 29.6.2010 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(b)IIC/25/27(A)/29 of the N.D.P.S. Act.
It has been submitted that only 560 grams of ganja was
recovered from the possession of the petitioner and the petitioner’s
son undertakes responsibility of the petitioner’s conduct after his
release from jail custody.
In view of such let the petitioner above named, who is
in custody since 4.3.2010, 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 Special Judge, N.D.P.S. Buxar
in connection with N.D.P.S.case No.1 of 2010 arising out of
Buxar(1) P.S.case No.12 of 2010, subject to the conditions (i) That
one of the bailors shall be the son of the petitioner and the 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
bailor shall also state on affidavit that he will inform the court
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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 (iii) 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.
In view of nature of allegations against the petitioner,
the petitioner is directed to appear before the Superintendent of
Police, Buxar within fifteen days of his release with a copy of this
order and thereafter every two weeks for the next nine months. The
conduct of the petitioner will be kept under watch in this period by
the S.P. concerned and if it is found wanting in any manner a
report shall be made to the court concerned by him to initiate a
proceeding for cancellation of bail for reasons of misuse of bail.
After reporting to the Superintendent of Police, a certificate will be
filed by the petitioner before the court concerned.
( Anjana Prakash, J. )
Narendra/