IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.31269 of 2011 Ashok Sah @ Ashok Kumar son of Ram Nandan Sah Versus The State Of Bihar ----------- 2/ 21.09.2011 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 406 and 409 of the Indian Penal Code. It has been submitted that there are three accused persons in the First Information Report and he is ready to deposit one third of the defalcated amount. Considering the same, let the petitioner, above named, be released on provisional bail for a period of four weeks to be calculated from the date of release of the petitioner 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 below to the satisfaction of Sri Ravindra Kumar, Judicial Magistrate, 1st class, Samastipur, in connection with Sarairanjan P.S. Case No.99 of 2010, subject to the condition (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 bailors will undertake to furnish information to the court about any change in the address of the petitioner. In this period of four weeks, the petitioner will deposit one third of the defalcated amount in the court below and on such deposit his provisional bail shall be confirmed subject to the following conditions (i) That the bailors shall also state on affidavit 2 that they 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, (ii) 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, and (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. JA/- (Anjana Prakash,J.)