IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46423 of 2009 BHAJAN SHARMA SON OF SRI SURESH SHARMA. Versus STATE OF BIHAR ----------- 2. 13/01/2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 341, 342, 323 and 376 of the Indian Penal Code. Taking into consideration the fact that initially the case was instituted against an unknown person but the petitioner’s name transpired nine months later and there is no explanation for the delay in disclosure of the name of the petitioner who is co-villager of the Informant, let the petitioner above named, who is in custody since 6.4.2009 and has no other case of similar nature pending against him, 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 Additional Sessions Judge, III, Banka, in connection with Sessions Trial No. 636 of 2009 arising out of Chandan P.S. Case No. 43 of 2008 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 2 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 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. S.Ali (Anjana Prakash, J.)