Mr. Ajana Prakash, J.Heard learned counsel for the Petitioner and the State.
2. The Petitioner seeks bail in a case instituted for the offence under Sections 27b(ii), 28/28A of Drugs and Cosmetic Act 1940 and under Sections 21/22 of N.D.P.S. Act 1985. Considering the submission of the Petitioner that he is not the owner of the shop which has been raided and he is in custody since 13.11.2014 of having been found within the premises but has fair antecedent, 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 below to the satisfaction of District and Sessions Judge-cum-Special Judge, Begusarai, in connection with Barauni Rail P.S. Case No. 63 of 2014, N.D.P.S. Case No. 09 of 2014 subject to the following conditions: (i) That one of the bailors 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 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.