IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.40567 of 2011 Butta Chaudhary son of Krishna Chaudhary Versus The State Of Bihar ---------------------------------- 2. 21.12.2011 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 147, 148, 149, 324, 326 and 307 of the Indian Penal Code. By an order dated 10.8.2011 vide Cr. Misc. No.20619 of 2011 the petitioner was refused bail but stating therein that it was being rejected at that stage and liberty was granted to the petitioner to renew his prayer for bail after framing of charge. It has been submitted that charge has been framed against all the accused persons on 15.9.2011 and, therefore, the petitioner deserves bail on the strength of earlier order specially he does not have any criminal antecedents. Considering the same, 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 concerned to the satisfaction of learned Chief Judicial Magistrate, Nalanda at Bihar Sharif in connection with Giriyak (Katarisarai) P.S. Case No.3 of 2011, subject to the conditions (i) That one of the bailor will be a close relative of the petitioner who will give - 2 - 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 ground of misuse, (iv) That the petitioner will be well represented on each date if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. Narendra/ ( Anjana Prakash, J. )