IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.31415 of 2011 Bijay Sah @ Bijay Choudhary @ Bijay Sha, son of Rameshwar Chaudhary Versus The State Of Bihar ---------------------------------- 3. 14.12.2011 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, 341, 323, 458, 307, 109, 120(B), 504, 506 of the Indian Penal Code and Sections ¾ of Explosive Substance Act. The prosecution case is that the Informant was assaulted by some miscreants who appeared to be outsider. The informant alleged that his agnates were also involved in the occurrence. Subsequently, tractor driver of the Informant revealed that while fleeing away, one of the miscreants was detained and rest had screamed that it was Bijay Sah who had been caught. It is on account of this reason, the petitioner has been forwarded in the present case. The submission of the petitioner it was not the petitioner who was named in the First Information Report nor there is any specific overt act alleged against him and even though initially there were four cases pending against him apart from present one but in three of them he has been acquitted and fourth he has not been put on Test Identification Parade. Considering the same, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 5,000/- (Five 2 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 Sessions Judge (Fast Track Court No. 6), Purnea, in connection with Sessions Trial No. 256 of 2011 arising out of Sadar (Dagarua) P.S. Case No. 363 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 of the petitioner namely Rameshwar Chaudhary. 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. (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.)