IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16936 of 2010 DHANANJAY MANDAL SON OF HUKUMCHAND MANDAL Versus STATE OF BIHAR ----------- 2. 19.5.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 363, 366A, 323, 341, 504 and 342/34 of the Indian Penal Code. By an order dated 22.3.2010 vide Cr.Misc.No.3638 of 2010 the petitioner was directed to be released on bail on condition that an affidavit would be filed on his behalf that he is not an accused in any other case, but since the petitioner was an accused in one other case of the year 1995 in which case he has now been acquitted on 19.4.2010, the affidavit could not be filed. Considering that the pendency of the case does not interfere with the merits of this case, let the petitioner above named, who is in custody since 6.1.2010, 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 Addl. Sessions Judge, F.T.C.No.V, Bhagalpur in S.T.No.887 of 2009 arising out of Pirpainty P.S.case No.33 of 2008, 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. 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 and (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. Narendra/ ( Anjana Prakash, J. )