IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.41835 of 2011 Bindeshwari Mandal son of Late Hari Mohan Mandal Versus The State Of Bihar ---------------------------------- 2. 23.12.2011 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 376 and 511 of the Indian Penal Code. By an order dated 16.9.2011 the petitioner was refused bail but a liberty had been given to him to renew his prayer for bail after framing of charge. It has been submitted that charges have been framed on 24.10.2011 and, therefore, the petitioner deserves bail on the basis of the earlier order. The specific assertion is that the petitioner has fair antecedents. 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 learned Chief Judicial Magistrate, Bhagalpur in connection with Jagdishpur P.S. Case No.75 of 2011, subject to the conditions (i) That one of the bailor shall be Uday Mandal, nephew of the petitioner and the other bailor will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the - 2 - petitioner. The bailor will undertake to furnish information to the Court about any change in 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 ground of misuse, (iv) That the petitioner shall be physically present on each date of trial and if he fails to do so on two consecutive dates without any reasonable cause, his bail shall stand automatically cancelled. Narendra/ ( Anjana Prakash, J. )