IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.27350 of 2009 NOKHELAL CHOUDHARY son of Sri Akanand Pralay, resident of village- Balthi, Maheshpur, P.S.- Kursela, District- Katihar …Petitioner Versus STATE OF BIHAR … OP ----------- 2/ 26.08.2009 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 307,149 of the Indian Penal Code. Taking into consideration the fact that even though the allegation is of having assaulted with “Chura” but the injuries found on the person of the injured are caused by hard and blunt substance and the fact that the petitioner is in custody since 15.12.2008, 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 the Additional District & Sessions Judge, FTC V, Katihar, in connection with S.T. No.10 of 2009 arising out of Kursela P.S. case no.62 of 2002 subject to the conditions that (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 (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. It has been submitted that the petitioner is accused in three other cases i.e. Kursela P.S. case no.40 of 2005, Madhuwan P.S. case no.92 of 2005 and Kursela P.S. case no.98 of 1998, which would - 2 - be subject to the verification by the concerned Magistrate, who will cross check and in case it is found to be contrary, the petitioner will not be released on bail. JA/- (Anjana Prakash, J.)