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
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For the Petitioner : Mr. Dhirendra Kumar Sinha, Advocate
For the Union of India : Md. Abu Haider, C.G.C.
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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
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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.
( Anjana Prakash, J. )
Narendra/