IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31647 of 2010 BIRU KUMAR @ BIRU DOM, SON OF LATE RAM CHANDER DOM Versus STATE OF BIHAR ----------- 4. 12.01.2011 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 395 of the Indian Penal Code. The petitioner was granted bail by an order dated 19.5.2010 vide Cr. Misc. 17487 of 2010 but on condition that an affidavit would be filed that he has not an accused in any other case. Subsequently, the petitioner was remanded in two other cases, such an affidavit could not be filed. Since this Court was of the view that the petitioner deserves on bail on merits on an earlier occasion, 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 Additional Distt. & Sessions Judge, Patna City, in Sessions Trial No. 1327 of 2009/238 of 2010 arising out of Alamganj P.S. Case No. 09 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 and the other shall be the mother of the petitioner. The bailor will undertake to furnish information to the Court about any change 2 in address of the 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. (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. S.Ali ( Anjana Prakash, J.)