- 1 - IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.30146 of 2009 MD.ALAMGIR son of Late Md. Fakhruddin, Resident of village- Ghorghat, Police Station- Kharagpur, District- Munger. … Petitioner Versus STATE OF BIHAR ….OP ----------- 3/ 08.10.2009 Heard learned counsel for the petitioner, the informant and the State. The petitioner seeks bail in a case instituted for the offence under section 420 of the Indian Penal Code. Without going into the merits of the case and considering only the fact that the petitioner at one point in time was granted anticipatory bail by the court below which was subsequently cancelled for certain developments which took place in the case, let the 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 to the satisfaction of Sri S. N. Mishra, Judicial Magistrate, Ist Class, Munger, in connection with Kotwali P.S. case no.348 of 1992 (G.R. No.1139 of 1992) subject to the condition (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. It has been submitted by the counsel for the informant that all its witnesses have been examined but the counsel for the petitioner submits that he is also required to examine defence witnesses which palpably appears to be with reasonable in the facts of the case. However, the petitioner will give an undertaking that he would not seek unnecessary adjournments in the case and if it is found - 2 - that the petitioner is delaying the trial in any manner, it will be open to the court below to cancel his bail for the reasons of misuse of bail. Since the trial is in progress, the petitioner will be required to 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. JA/- (Anjana Prakash, J.)