IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.6873 of 2010 SHYAM PODDAR, S/O SITARAM PODDAR Versus THE STATE OF BIHAR **** /3/ 04.03.2010 Heard both the sides. 2. The petitioner was ordered to be released on bail by an order, dated 08.07.2009, passed in Cr. Misc. No. 23926 of 2009 on condition that he would give an affidavit in the Court below that his antecedents are only those which are mentioned in paragraph 12 of the petition and there is no other case against the petitioner. The submission is that he had made a correct statement in paragraph 12 of the petition that he is presently an accused in Saharsa P.S. Case No. 548 of 2007, dated 02.12.2007, and the two other cases, i.e., Saharsa P.S. Case No. 521 of 2007 and Salkhua P.S. Case No. 64 of 2001 he has already been acquitted by the Court below and, therefore, those cases are not pending against him on this date. Despite this submission the petitioner was not released on bail by the Magistrate, concerned, for some reason. I am unable to resolve this crisis since my order was clear and from the submission of the petitioner also his stand is clear that he is an accused presently only in two cases one of which is the present case and, therefore, there is no reason why the Magistrate has not released the petitioner on bail. 3. Under the circumstances, let the petitioner, above named, who is in custody since 08.02.2008 be released on bail on furnishing bail bond of Rs.5,000/- (rupees five thousand) with two sureties of the like amount each in connection with 2 Supaul P.S. Case No. 274 of 2007 to the satisfaction of the Chief Judicial Magistrate, Supaul, on 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 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 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 then his bail will be liable to be cancelled for reasons of misuse. 4. The bailor will give an affidavit that the petitioner is presently accused in only Saharsa P.S. Case No. 548 of 2007 and he has been acquitted in Saharsa P.S. Case No. 521 of 2007 and Salkhua P.S. Case No. 64 of 2001. S.A. (Anjana Prakash, J.)