IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18170 of 2010 BASHIR MIAN @ MD.BASHIR MIAN, S/o Reyaz Ahmad @ Raj Mohammad. 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 414 of the Indian Penal Code. The petitioner was ordered to be released on bail by order dated 28.01.2010 vide Cr. Misc. No. 1524 of 2010 unfortunately in the order despite having noted that the petitioner was an accused in one other case an affidavit was required to be filed by him as a condition for bail that he is not an accused in any other case. In view of such the petitioner could not be released on bail. Considering the same, 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, East Champaran at Motihari in connection with Motihari Town P.S. Case No. 311 of 2009 subject to the following conditions:- (i) That one 2 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 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. Vikash/- (Anjana Prakash, J.)