IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10856 of 2011 BINAY PASWAN, SON OF LATE BHULETAN PASWAN Versus THE STATE OF BIHAR ----------- 2. 4.5.2011 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence u/ss.379 and 411 of the Indian Penal Code. By an order dated 30.9.2010 vide Cr.Misc.No.32860 of 2010 the petitioner was allowed bail but on condition that a verification would be made by the Magistrate concerned to ensure that the petitioner has fair antecedents. Since the petitioner was involved in two other cases he could not be released on bail. Considering that the petitioner is in custody since 10.5.2010 and on merits he was found to be released on bail , 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 to be fixed by the court concerned to the satisfaction of Addl. Chief Judicial Magistrate, Patna City, Patna in Fatuha P.S. case No.178 of 2010, subject to the conditions (i) That one of the bailor shall be Vijay Paswan, brother of the petitioner and the other 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 - 2 - to the Court about any change 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 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 if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. A sum of Rs.750/- shall be deposited on behalf of the petitioner in the District Legal Aid Committee before the petitioner is released on bail. Narendra/ ( Anjana Prakash, J. )