IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23712 of 2011 Kumar Jha, S/o Shri Sita Ram Jha. Versus The State of Bihar ----------- 02. 26.07.2011 Supplementary-affidavit filed today be kept on record. Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Section 302/34 of the Indian Penal Code. The petitioner was allowed bail by order dated 26.08.2010 vide Cr.Misc. No. 18072 of 2010 but on condition that an affidavit would be filed on his behalf that he is not an accused in any other case. An affidavit was filed on his behalf stating that he was not an accused in any other case of similar nature. The informant then filed an application saying that the said statement was false then the petitioner’s bail was cancelled and he was taken into custody on 13.06.2011. It has been submitted that the petitioner was an accused in G.R. Case No. 203/2010 in which charge-sheet was submitted under Sections 323, 341 and 504 IPC. The further submission is that the affidavit filed on his behalf stating therein that he was not an accused in any other case of similar nature and his intention was not to conceal this fact before the Court. Considering the aforesaid submissions as also that earlier on merits the petitioner was found fit to be released on bail, let the petitioner, above named be released on bail on furnishing bail bond of Rs. 5,000/- (Five Thousand) with two 2 sureties of the like amount each or any other surety as fixed by the Court to the satisfaction of Chief Judicial Magistrate, Madhubani in connection with Pandaul P.S. Case No. 13 of 2010 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 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. (iii) 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. (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. Vikash/- (Anjana Prakash, J.)