IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31529 of 2010 KAUSHLENDRA SINGH @ GANDHI S/O SRI SHIVDHAR SINGH Versus STATE OF BIHAR ----------- 3. 11.10.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 341, 323, 324, 307, 379/34 of the Indian Penal Code. By an order dated 2.7.2010 the petitioner was refused bail vide Cr.Misc. No. 20295 but with a liberty to renew his prayer for bail after framing of charge. The petitioner renewed his prayer for bail since the charge was framed in case but this court has called for an explanation from the Trial Court as to why it has bifurcated the case of the petitioner for commitment and framing of charge. Trial Court has reported that charge has been framed only against the petitioner while the investigation is still going on against the co-accused and therefore cognizance was taken only against him. This explanation is accepted. In view of the observation, 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 2 amount each or any other surety to be fixed by the court concerned to the satisfaction of learned F.T.C.-V at Aurangabad in connection with Jamhore P.S. Case No. 29/10, S.T. No. 185/10/ 215/10, subject to the conditions, (i) That one of the bailor 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 undertake to furnish information to the Court about any change in address of 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, (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 below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse, (iv) That the petitioner will be well represented on each date if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. Fahad. ( Anjana Prakash, J. )