IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6101 of 2010 ABHINAV @ ABHINAV KUMAR SON OF SRI RAM CHANDAR SINGH Versus STATE OF BIHAR ----------- 2. 17/02/2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 364, 365 and 120B of the Indian Penal Code. Taking into consideration the fact that by an order dated 3.12.2009, the petitioner had been allowed bail on condition that he would give an affidavit that the petitioner was not an accused in any other case but since the petitioner was an accused in a Complaint Case of minor offences arising out of civil dispute, the petitioner could not file the said affidavit and, therefore, was not released on bail. The documents of the said case have been annexed in the present application from which I find that the merits of the present case does not get dented by the pendency of the earlier case. Under the circumstances, 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, Samastipur, in connection with Dalsinghsarai P.S. Case No. 179 of 2009 subject to the following conditions: (i) That one of 2 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 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. S.Ali (Anjana Prakash, J.)