IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19590 of 2010 NAND LAL PRASAD SAH, S/o Late Badari Sah. Versus THE STATE OF BIHAR ----------- 02. 23.06.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Section 379/34 of the Indian Penal Code. The petitioner was ordered to be released by order dated 13.04.2010 vide Cr. Misc. No. 17208 of 2010 but on condition that affidavit shall be filed on his behalf that he had no criminal antecedents. Since the petitioner had one other case pending no such affidavit could be filed and therefore the petitioner was not released on bail. However, considering the merits of the 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 Chief Judicial Magistrate, Buxar in connection with Murar P.S. Case No. 50 of 2009 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 is related with 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 2 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. In view of the nature of the offence, the petitioner is directed to appear before the Officer In-charge, Murar P.S. within fifteen days of his release with a copy of this order and thereafter every two weeks for the next one year. The conduct of the petitioner will be kept under watch in this period by the Officer In-charge concerned and if it is found wanting in any respect, a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the Officer In-charge, a certificate will be filed by the petitioner before the court concerned. Vikash/- (Anjana Prakash, J.)