IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.27084 of 2011 Sheo Nath Tiwary son of Late Dharma Deo Tiwary, Proprietor, M/S Premier Enterprises, Industrial Estate, Kurji Road, Patna, at present residing at Indrapuri, Road No. 3A, House No.12, Patna,-800024 …Petitioner Versus The State Of Bihar …OP ---------------------------------- 3/ 22.12.2011 By order dated 23.08.2011, the petitioner was allowed provisional bail for a period of three months on expression of his intention that he was ready to supply the goods to the loanee. A supplementary affidavit has been filed by the petitioner that rupees twenty five thousand and rupees twenty seven thousand which he had received as advance for supply of goods to the loanee has been returned and the same is confirmed by the counsel for the Bank, who disputes that the interest on the said money has not been returned. However, without going into the ancillary disputes of interest between the parties, provisional bail granted to the petitioner vide order dated 23.08.2011 is hereby confirmed subject to the 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 bailors will undertake to furnish information to the court about 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 bailors shall also state on affidavit that they will inform the court concerned if the petitioner 2 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, and (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. JA/- (Anjana Prakash,J.)