IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29437 of 2010 RAHUL SHARMA @ MANISH SHARMA S/O SRI KRISHNA KUMAR SHARMA @ K.K. SHARMA Versus STATE OF BIHAR ----------- 3. 30.08.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 342, 323, 386/34 of the Indian Penal Code. It has been submitted that the petitioner was refused bail earlier by an order dated 8.2.2010 vide Cr.Misc. No. 3184 of 2010 but now the charges has been framed and the informant has also resile from his earlier allegation by filing the petition in the court below. Considering the same, let the petitioner who is in custody since 21.8.2009, be released on bail 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 concerned to the satisfaction of Judicial Magistrate, Ist Class, Muzaffarpur in connection with Town P.S. Case No. 400/2009, subject to the conditions, (i) That one of the bailor will be a close relative of the petitioner and the other bailor shall be the father of the petitioner. who will give an affidavit giving genealogy as to 2 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 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, (iv) That the petitioner will be well represented on each date if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. The fact that the petitioner is an accused in only one other case will be verified by the court below before releasing the petitioner on bail and the trial court will also notice the informant and confirm that a petition had been filed on his behalf in the court below resulting from his earlier allegation without coerced. Identity of the informant shall also be confirmed by the court below for the purposes of this bail. Fahad. ( Anjana Prakash, J. )