IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26024 of 2010 PRAKASH CHAUDHARY @ OM PRAKASH CHAUDHARY @ JAI PRAKASH CHAUDHARY SON OF LATE HARVANSH CHAUDHARY Versus 1. THE STATE OF BIHAR 2. UNION OF INDIA ----------- For the Petitioner : Mr. Arjun Prasad No.1, Avocate For Union of India : Md. Iqbal Hasan Rahmani, C.G.C. For the State : Mr. J.K. Singh, A.P.P. -------- 2. 4.8.2010 Heard learned Counsel for the petitioner, the State and the Union of India. The petitioner seeks bail in a case instituted for the offence under Sections 328, 307, 379, 411/34 of the Indian Penal Code and 8/22 of the N.D.P.S. Act. Considering that the petitioner was not arrested at the spot nor has any recovery been made from his possession and the petitioner’s brother undertakes responsibility for the petitioner’s conduct after his release from jail custody, let the petitioner above named, who is in custody since 16.8.2009, 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 District and Sessions Judge, Bettiah (West Champaran) in Tr. No.12 of 2010 arising out of Narkatiaganj Rail P.S.case No.20 of 2009, subject to the conditions (i) That one of the bailors shall be the brother of the petitioner and the other bailor 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 - 2 - 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 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 and (iv) 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. The fact that there is only one other case pending against the petitioner will be verified by the Magistrate concerned before releasing the petitioner on bail. Narendra/ ( Anjana Prakash, J. )