IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.37485 of 2011 Ram Vinay Sharma @ Sant Jee, son of Late Rameshwar Singh Versus The State Of Bihar ---------------------------------- 2. 25.11.2011 Heard learned counsel for the petitioner and the State. The petitioner was refused bail by an order dated 28.7.2011 passed in Cr. Misc. 10683 of 2011 but on the submission that he has fair antecedent. An affidavit was required to be filed on behalf of the petitioner with regard to the same. Since there was one other case pending against the petitioner, such an affidavit could not be filed and the petitioner has continued to remain in custody. It has been explained that the nephew of the petitioner had filed a case against him in the year 2003 and he is a witness in the present case as well and on a misconception, this fact could not be mentioned in the bail petition filed by him. Considering that on merits, the petitioner if found fit to be released on bail, 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 or any other surety to be fixed by the court concerned to the satisfaction of Ravi Ranjan, Judicial Magistrate, Jehanabad, in connection with Ghosi P.S. Case No. 120 of 2008 (corresponding to Protest-cum-complaint petition No. 207 of 2010) G.R. No. 1137 of 2008/T.R. No. 2954 of 2010, subject to 2 the following 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 and the other shall be the wife of the petitioner. The bailor will also undertake to inform the Court if there is 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. (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. A sum of Rs. 750/- (Seven hundred fifty) shall be deposited by the petitioner in the District Legal Aid Committee before releasing him on bail. S.Ali ( Anjana Prakash, J.)