IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6978 of 2010 GOBIND MAHTON @ GOVIND PRASAD KUSHWAHA SON OF LATE PARO MAHTON Versus STATE OF BIHAR ----------- 2. 3.3.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 302, 307, 353, 435, 427, 332/34 of the Indian Penal Code, 27 of the Arms Act and ¾ of the Explosive Substance Act as well as 17 of the Criminal Law Amendment Act. It has been submitted that in the first information report 100-150 unknown M.C.C members were mentioned as accused and thereafter during investigation the petitioner’s name transpired as one of the 150 persons, but there is no specific overt-act against him. It has also been submitted that the petitioner has no criminal antecedents. In view of the fact that the petitioner is in custody since 19.12.2009 without any specific overt-act and 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 Chief Judicial Magistrate, Jamui in Khaira P.S.case No.66 of 2003, 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, (ii) that the affidavit shall clearly state that the petitioner is not an accused in any other case and if he is - 2 - 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 of bail and (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. Narendra/ ( Anjana Prakash, J. )