IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32667 of 2010 ARUN KUMAR CHOUDHARY, S/o Shiv Shanker Prasad Choudhary. Versus THE STATE OF BIHAR THROUGH C.B.I. ----------- 02. 14.09.2010 Heard learned counsel for the petitioner and the C.B.I. Mr. Bipin Kumar Sinha. The petitioner seeks bail in a case instituted for the offences under Sections 120B, 409, 420, 467, 468, 471 and 477A of the Indian Penal Code and Section 13 (2) read with Sections 13(i)(c)(d) of the P.C. Act. It has been submitted that the petitioner’s anticipatory bail was twice rejected by this Court order dated 01.12.2008 and 18.03.2009 vide Cr. Misc. Nos. 39230 of 2008 and 7118 of 2009 whereafter he moved the Hon’ble Supreme Court but before the case could be listed the petitioner was arrested. Considering that the petitioner is in custody since 18.07.2010 and the entire case is based on documentary evidence which is already in the custody of the Court, 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 as fixed by the Court to the satisfaction of Special Judge, C.B.I, North Bihar at Patna in connection with Special Case No. 16 of 2006 arising out of R.C. (Pat) Case No. 19(A) of 2006 subject to the following 2 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. The bailor will also undertake to inform the Court if there is any change in the 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 the ground of misuse. (iv) 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. (v) 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. In case the petitioner is found to be tampering with the evidence immediate steps shall be taken for initiation of a proceeding for cancellation of bail. Vikash/- (Anjana Prakash, J.)