IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16162 of 2010 NAZIR MIAN @ NASIR MIAN, SON OF LATE DHUR MIAN Versus STATE OF BIHAR ----------- 3. 20.05.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 392 of the Indian Penal Code. By an order dated 28.8.2009 vide Cr. Misc.30904 of 2009, the petitioner was refused bail but had been given liberty to renew his prayer for bail after six months stating his antecedents at the time of renewal. It has been submitted that the petitioner has completed the said period and he is an accused in only one other case i.e. Narkatiaganj P.S. Case No. 39 of 2008. In view of such, 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 to the satisfaction of 2nd Additional Sessions Judge, West Champaran, Bettiah, in Sessions Trial No. 272 of 2008 arising out of Narkatiaganj Rail P.S. Case No. 35 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 and the other shall be the mother/brother of the petitioner. The bailor will undertake to furnish information to the Court about any change 2 in 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. The fact that the petitioner is an accused in only one other case mentioned above apart from the present case, will be verified by the Magistrate before releasing the petitioner on bail. S.Ali ( Anjana Prakash, J.)