IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.28185 of 2009 RAJA MIAN @ PERWAGE ALAM @ RAJA ALAM @ RAJA MIYA @ PARWEJ ALAM, son of Ishrail Miya, Resident of village- Dwardevi Chawk Near Bari Masjid, Bettiah, Police Station- Bettiah Town, District- West Champaran … Petitioner Versus STATE OF BIHAR … OP ----------- 4/ 08.10.2009 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 328,379 and 411/34 of the Indian Penal Code. On the last occasion, the petitioner was asked to file an affidavit with regard to the physical handicap of the petitioner for which a supplementary affidavit has been filed showing the petitioner being Polio ridden. Under the circumstances, only on compassionate ground, the petitioner above named, who is in custody since 9.4.2009 and is handicapped, 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 Judicial Magistrate (Railway), Bettiah (West Champaran) in connection with Narkatiaganj G.R.P.S. case no.02/2009, 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 affidavit shall clearly state that the petitioner is not an accused in any other case and, if he is, he shall not be released on bail, and (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 - 2 - below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse. JA/- (Anjana Prakash, J.)