IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21430 of 2009 MITHILESH KUMAR MANDAL Son of Late Yogendra Mandal Resident of Village-Pariya Basa, Police Station-Bariarpur, District-Munger. Versus THE STATE OF BIHAR ----------- 04. 03.09.2009 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 341, 342, 323, 353, 307 and 302/34 of the Indian Penal Code. Taking into consideration the fact that the petitioner is not named in the First Information Report and the allegation is that when the accused were running away after the occurrence they were calling each other’s names in which name Mithilesh was called out and thereafter the petitioner whose name is Mithilesh has been made accused in this case, let the petitioner above named who is in custody since 22.12.2008 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 Sri P.C. Choudhary, Railway Judicial Magistrate, Kiul (or his successor) in connection with G.R.P. Jamalpur - 2 - P.S. Case No. 36 of 2008 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. (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 will not delay the trial. It is being stated that the petitioner is an accused in one other case which fact will be verified by the Magistrate concerned and if it is found to be incorrect the petitioner will not be released on bail. Vikash/- (Anjana Prakash, J.)