IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22905 of 2010 JAGA MIAN S/oLate Rahim Mian Versus Petitioner Versus STATE OF BIHAR Opp. Party ----------- 02 08.07.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 307, 341 and other allied sections of the Indian Penal Code. The prosecution case is that when the petitioner was arrested by the police villagers gathered and they attempted to get him rescued from the clutches of the police and they also caused injury to the informant. Considering that the petitioner is in custody since 28.3.2010 and apart from the parent case in which he was arrested there is no other case, 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 to the satisfaction of the Chief Judicial Magistrate, Motihari, East Champaran in Kesariya P.S. Case no. 55 of 2010 subject to the 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 (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 - 2 - 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 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 represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. shahid (Anjana Prakash, J)