IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11501 of 2010 RADHEY SAO Versus STATE OF BIHAR ----------- For the Petitioner : Mr. Sumant Singh For the State : Mr. Bipin Kumar, A.P.P. 2. 15.4.2010 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, 302, 326, 353, 379 and 120B of the I.P.C. The petitioner is not named in the FIR as one of the ten names and 15 to 20 unknown persons who participated in the occurrence. Thereafter one witness is said to have over heard some incriminating conservation between the present petitioner and one Muskim Ansari and then certain witnesses implicated the petitioner as the person who was involved in the present case. The petitioner has no criminal antecedent and the submission is that he is not a member of any extremists group. In view of such and also that the petitioner is in custody since 20.10.2009, let the petitioner 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, Jamui in Sono P.S. Case No. 120 of 2009, subject to the 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 undertake to furnish information to the Court about any change in address of the - 2 - 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 and (v) 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. MKchy ( Anjana Prakash, J. )