IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.38140 of 2010 SANTOSH SAH son of Radheshyam Sah alias Titu Sah Versus THE STATE OF BIHAR ----------- 2/ 11.10.2010 In view of the office note, filing of the certified copy of the impugned order is dispensed with. The case is taken up for admission. Heard learned counsel for the petitioner and the State. The petitioner was granted bail by order dated 31.8.2010 passed in Cr. Misc. 29329 of 2010, on the submission that the petitioner has no antecedent for which an affidavit was to be filed on his behalf for bail. However, since the petitioner was accused in one other minor case, such affidavit could not be filed and, therefore, the petitioner was not released on bail. A fresh bail application has been filed stating the aforementioned facts. It is also brought to the notice of the court that Sasaram P.S. case no.1032 of 2009 instituted for the offence under sections 341, 323, 379/34 Indian Penal Code a compromise has been entered into between the parties and a compromise petition has been filed, but still the case is pending against the petitioner. Considering the same, 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 the Additional Sessions Judge, IV, Rohtas at Sasaram, in connection with Sessions Trial No.272 of 2010, subject to the conditions (i) That one of the bailors will be a close relative of the petitioner, who will give an - 2 - affidavit giving genealogy as to how he is related with the petitioner and the other bailor shall be the wife of the petitioner. The bailors will undertake to furnish information to the court about any change in the address of the petitioner, (ii) That the bailors shall also state on affidavit that they 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. 500/- shall be deposited on behalf of the petitioner in the District Legal Aid Committee, Rohtas at Sasaram, before release of the petitioner on bail. The Chief Judicial Magistrate, Rohtas at Sasaram is also directed to pass final orders on the compromise petition filed in Sasaram P.S. case no. 1032 of 2009 instituted under sections 341, 323 and 379/34 Indian Penal Code within two weeks from the date of receipt/ production of a copy of this order since all the sections are compoundable. JA/- (Anjana Prakash, J.)