IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.37668 of 2011 Birendra Ray, son of Sheojee Ray, resident of village-Lala Ke Tola, P.S.- Barahara, District-Bhojpur. ……………Petitioner Versus The State of Bihar ……………Opp. Party. ----------- 2 21.11.2011 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State. The petitioner seeks bail in a case registered under Sections 448, 341, 323, 324/34 of the Indian Penal Code. The petitioner was earlier on bail granted by the court below as the offences alleged are all bailable in nature. His bail bond was cancelled on 25.3.2008 and a non-bailable warrant of arrest was issued against him on 11.6.2009. Thereafter, he was remanded in this case on 19.9.2011 and since then he is in jail. It is submitted that the petitioner had gone to Delhi in order to earn his livelihood after entrusting the pairvi to his Advocate but, it appears that the pairvi was left without informing the petitioner as a result of which his bail bonds got cancelled. Considering the facts and circumstances of the case, the petitioner is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand only) with two sureties of the like amount each to the satisfaction of Sri Veevek Bhardwaz, learned Judicial Magistrate Ist Class, Ara, Bhojpur in connection with Barhara P.S. Case No. 182 of 1993 subject to 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 2 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 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. Sanjeet/ (Ashwani Kumar Singh, J.)