IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9068 of 2010 1. PRAKASH BHARTI SON OF YOGENDRA BHARTI 2. UPENDRA BHARTI @ BULET BHARTI SON OF LATE RAMANAND BHARTI, BOTH RESIDENT OF VILLAGE GARKHA, POLICE STATION GARKHA, DISTRICT CHAPRA, SARAN Versus STATE OF BIHAR ----------- 4. 7.7.2010 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Section 420 of the Indian Penal Code. The petitioners were allowed bail by an order dated 9.12.2009 vide Cr.Misc.No.42709 of 2009 on merits but on condition that they would give an affidavit that they are not accused in any other case. The affidavit could not be filed since the petitioners were accused in one other case of more or less similar nature. However, considering that the petitioners are in custody since 25.6.2009, let the petitioners above named be released on bail on furnishing bail bond of Rs.5,000/- (Five thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Chapra in Chapra Town P.S.case No.110 of 2009, subject to the conditions (i) That one of the bailors shall be the father/brother of the petitioner and the other bailor will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailor will undertake to furnish information to the court about any change in the address of the petitioners, (ii) that - 2 - the bailor shall also state on affidavit that he will inform the court concerned if the petitioners are implicated in any other case of similar nature after their 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 petitioners will give an undertaking that they will receive the police papers on the given date and be present on date fixed for charge and if they fail to do so on two given dates and delay the trial in any manner, their bail will be liable to be cancelled for reasons of misuse and (iv) that the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. In view of nature of allegations against the petitioners, the petitioners are directed to appear before the Superintendent of Police, Chapra within fifteen days of his release with a copy of this order and thereafter every two weeks for the next nine months. The conduct of the petitioners will be kept under watch in this period by the S.P. concerned and if it is found wanting in any manner a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the Superintendent of Police, a certificate will be filed by the petitioners before the court concerned. Narendra/ ( Anjana Prakash, J. )