IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46150 of 2009 RAJESH CHOUDHARY @ JHULI CHOUDHARY, S/o Kamo Choudhary. Versus THE STATE OF BIHAR ----------- 02. 11.01.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 341, 323, 436 and 504/34 of the Indian Penal Code. Taking into consideration the fact that there is land dispute between the parties and even though the allegation against the petitioner is of having burnt the house but the seizure-list reveals that only wire and bamboo piece having been found burnt in the house of the informant, let the petitioner above named who is in custody since 14.06.2009 and has no criminal antecedent 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 Chief Judicial Magistrate, Nawadah in connection with Nardiganj P.S. Case No. 39 of 2009 subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who - 2 - will give an affidavit giving genealogy as to how he is related with the petitioner. (ii) That the affidavit shall clearly state that the petitioner is not 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. Vikash/- (Anjana Prakash, J.)