IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.40408 of 2009 MUKESH KUMAR PANDEY @ MUKESH BABA, son of Satayendra Nath Pandey Versus STATE OF BIHAR ----------- 2/ 01.12.2009 Heard learned counsel for the petitioner and the State. Petitioner’s prayer for bail was earlier rejected by order dated 19.5.2009 passed in Cr. Misc. No.13023 of 2009. Now, the same is being renewed for the reasons that the petitioner has remained in custody since 10.6.2008 i.e. almost one and half years. The submission is that earlier the petitioner had filed a case against one Kamlesh Pandey due to land dispute and the brother of said Kamlesh Pandey had also instituted a case upon the petitioner and his family members for the same reason and thereafter the present case has been instituted at the behest of the said Kamlesh Pandey, who is a chargesheet witness in the present case, which is evident from Annexure-5 to the supplementary affidavit. Further submission is that there is no doubt that the prosecutrix is an adult, a married lady, and the entire story which the prosecutrix has given out does not appear to be reliable. Taking into consideration the aforementioned facts, let the petitioner above named, who has no criminal antecedent of similar nature, 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 Additional Chief Judicial Magistrate, Danapur, in connection with Bihta P.S. case no.152 of 2008, 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 - 2 - 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 of misuse, and (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. JA/- (Anjana Prakash, J.)