IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33537 of 2010 CHHOTU KUMAR YADAV @ CHHOTE KUMAR @ VIVEK KUMAR, son of Late Ram Chandra Singh Yadav Versus STATE OF BIHAR ----------- 2/ 04.10.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 379 of the Indian Penal Code. It has been submitted that the petitioner was granted bail by an order dated 17.03.2010 vide Cr. Misc. No. 9327 of 2010, but on condition that an affidavit shall be sworn on his behalf that he is not accused in any other case . Unfortunately, there was one other case pending against him and such an affidavit could not be filed on his behalf, therefore, he was not released on bail. 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 the learned Railway Judicial Magistrate, Ara, District-Bhojpur in connection with Ara Rail P.S. Case No.36 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 and the other bailor shall be the brother 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 bailor shall also state on affidavit that he will inform the court - 2 - 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, and (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 fact that there is one case pending against the petitioner shall be verified by the Court below before releasing the petitioner on bail. Ashwini/ (Anjana prakash, J.)