IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.33691 of 2011 Kailash Nath Tripathi @ Kailash Nath Tripathy son of Late Mangal Nath Tripathi. Versus The State Of Bihar ---------------------------------- 2. 14.10.2011 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 420, 379, 411 and 34 of the Indian Penal Code. Considering that the petitioner is in custody since17.8.2011 and his wife is ready to stand surety for him, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 5,000/- (Five thousand) with three sureties of the like amount each or any other surety to be fixed by the court concerned to the satisfaction of Judicial Railway Magistrate, Gaya, in connection with Gaya Rail P.S. Case No. 107 of 2011, 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, the second bailor shall be the wife of the petitioner and the third bailor must be local since the petitioner belongs to Varanasi (U.P.). 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 2 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. S.Ali ( Anjana Prakash, J.)