IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5882 of 2010 JAI MAHTO, S/o Late Manki Mahto. Versus THE STATE OF BIHAR ----------- 03. 07.04.2010 Perused the report of the trial court. Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 147, 148, 149, 341, 323, 452, 504, 302 and 201 of the Indian Penal Code. Initially, a complaint was instituted by the brother of the informant for the present occurrence in which the petitioner was not named. Thereafter, four days later the present First Information Report was filed in which as many as seventeen persons were named including the present petitioner. In view of such and also that there is no specific overt act against the petitioner and he is in custody since 07.07.2009 and has no criminal antecedent, 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 - 2 - amount each to the satisfaction of Chief Judicial Magistrate, Siwan in connection with Mahrajganj P.S. Case No. 85 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. (ii) That the affidavit shall clearly state that the petitioner is not accused in any other case and if he is he shall not be released on bail. (iii) 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. (iv) 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. Vikash/- (Anjana Prakash, J.)