IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7196 of 2010 VIKASH JEE @ VIKASH BHUIYAN @ KRISHNA BHUNIYAN, SON OF MAHANGU BHUIYAN Versus STATE OF BIHAR ----------- 2. 05/03/2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 144, 436, 379, 427 of the Indian Penal Code, Sections ¾ of Explosive Substance Act and Section 17 of C.L.A. Act. On the same day, two First Information Reports were instituted, one by the Chowkidar and the other by a Private person bearing Dumaria P.S. Case No. 23 of 2009 and Dumaria P.S. Case No. 24 of 2009. The petitioner was not named in Dumaria P.S. Case No. 24 of 2009 and thus, he was granted bail by this Court in Cr. Misc. No. 2576 of 2010 by an order dated 3.2.2010. The present case also arises out of the same occurrence but he has been named in the First Information Report. However, taking into consideration the fact that the petitioner has already been released on bail by this Court on certain conditions, I am inclined to grant bail to the petitioner and, thus, the petitioner is ordered to 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 Sub Divisional Judicial Magistrate, Sherghati, Gaya, in connection with Dumaria P.S. - 2 - Case No. 23 of 2009 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. (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. The petitioner will strictly abide with the condition of reporting to the Superintendent of Police passed in Cr. Misc. Case No. 2576 of 2010 and file a certificate in this regard in the court below in the present case as well. S.Ali (Anjana Prakash, J.)