IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14243 of 2010 ADVANI @ SATENDRA KUMAR CHANDRAVANSI, SON OF SUDESH PALDAR Versus STATE OF BIHAR ----------- 2. 06/05/2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 395, 397 and 412 of the Indian Penal Code. The prosecution case is that when the Informant was returning from home he was variously assaulted and all his belongings including Nokia Mobile were looted away. However, on the protest of the Informant, two accused persons were nabbed and from whose possession the Informant’s Nokia Mobile was recovered. The accused persons disclosed the name of the petitioner but there has been no recovery from his possession and the entry in paragraph-31 of the case diary revealing the recovery of a Mobile was evidently not relatable to the present occurrence. It has been submitted that the petitioner has no criminal antecedents which fact will be verified by the Magistrate before releasing the petitioner on bail. In view of such, let the petitioner above named, who is in custody since 27.11.2009, 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 Judicial Magistrate, Railway, Gaya, in Sone Nagar G.R.P. P.S. Case No. 18 of 2009 subject to the following conditions: (i)That one of the bailors will - 2 - 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 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. S.Ali (Anjana Prakash, J.)