IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27317 of 2010 SURENDRA SINGH @ RAJA Versus STATE OF BIHAR ----------- 2. 12.08.2010 Supplementary Affidavit has been 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 offence under Sections 121 (A), 122, 124 (A) of the Indian Penal Code and Section 17 of the C.L.A. Act. The learned counsel for the petitioner is permitted to make necessary correction in paragraph 18 of the application. The prosecution case is that the houses of Surendra Prajapati and one Nandu Singh were raided and some objectionable literature and some other materials were recovered from there. The allegation against the petitioner is that he was the tenant of both the houses. Considering that the recovery was not made from his conscious possession nor is there any any cogent material to support the factum of tenancy as also that the petitioner has no criminal antecedents, 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 to the satisfaction of learned Chief Judicial Magistrate, Rohtas, Sasaram in connection with Sasaram (Town) P.S. Case No. 1029/2009, 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 - 2 - as to how he is related with the petitioner and the other bilor shall be the father of the petitioner. The bailor will undertake to furnish information to the court about any change in the 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 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, (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. The fact that the petitioner has no any other case pending against him will be verified by the Magistrate before releasing the petitioner on bail. Fahad. ( Anjana Prakash, J. )