IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.65 of 2011 SHIV BILASH BIND, SON OF RAM JANAM BIND Versus THE STATE OF BIHAR ----------- 2. 23.03.2011 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 147, 148, 149, 302, 307, 120(B) of the Indian Penal Code and Section 27 of the Arms Act. It has been submitted that by an order dated 23.7.2010, the petitioner was granted bail on merits but on condition that an affidavit would be filed on his behalf that he was not an accused in any other case. Since the petitioner was an accused in one other case initiated on a Complaint under Section 379 of the Indian Penal Code, such an affidavit could not be filed and resultantly he remained in custody. Considering the said submission, 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 Chief Judicial Magistrate, Bhabua, in Bhabua (Sonhan) P.S. Case No. 40 of 2010 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 father/brother of the petitioner. The bailor will undertake to 2 furnish information to the Court about any change 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. The fact that the petitioner is an accused in only one other Complaint Case will be verified by the Magistrate before releasing the petitioner on bail. A sum of ` 500/- shall be deposited on behalf of the petitioner before he is released on bail in the District Legal Aid Committee. S.Ali ( Anjana Prakash, J.)