IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15924 of 2011 MUZAHID @ MD. MUZAHID SON OF LATE AZIZUL HAQUE RESIDENT OF VILLAGE BALWGANJ,P.S.BALRAMPUR,DISTT.KATIHAR Versus THE STATE OF BIHAR ----------- 02/ 11.05.2011 Heard Mr.Shakeel Ahamd Khan, learned senior counsel for the petitioner and learned Addl.P.P. Earlier the prayer for bail of the petitioner was rejected 18.03.2011 Vide Cr.Misc.No.25689 of 2010 primarily on the ground that co-accused Abul has been refused bail by this Court on 28.06.2010 Vide Cr.Misc.No. 21335 of 2010. According to the allegation, the informant’s husband was given blows by sharp cutting weapon by accused Abul, Rahman, Zahur, Budhua and Gaus and when informant’s husband became immobile, then he was assaulted by this petitioner and others. Learned counsel submits that vide annexure-4 co-accused Abul has been admitted to bail by a Bench of this Court on 20.04.2011 Vide Cr.Misc.No. 5761 of 2011. Considering the subsequent development and in the facts and circumstances of the case, I am inclined to 2 grant bail to the petitioner. Let above named petitioner be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge III, Katihar in Sessions Trial No. 7 of 2011 arising out of Balrampur (Telta) P.S.Case No. 17 of 2010 subject to the following conditions: (i) one of the bailors shall be son of the petitioner and the other bailor will be a close relative of the petitioner who will give an affidavit giving the 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) 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) the bailors 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 3 present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse and (iv) 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. Tahir/- ( Shyam Kishore Sharma, J. )