IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17428 of 2010 JITENDRA KUMAR, S/o Ramautar Mahto. Versus THE STATE OF BIHAR ----------- 02. 19.05.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 387 and 435 of the Indian Penal Code and Section 17 of Cr.L.A Act. In the First Information Report the petitioner has not been named but thereafter the watchman stated that while the accused persons were calling out each others’ names one Jitendra was also mentioned. Since the petitioner happens to be Jitendra Kumar he was remanded in the present case. The submission is that the petitioner does not belong to any banned organization and apart from one other case the petitioner has no criminal antecedent. The fact that the petitioner is an accused only in one other case will be verified by the Magistrate before releasing the petitioner on bail. In view of such, let the petitioner, above named who is in custody since 27.02.2010 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 Sub-Divisional Judicial Magistrate, Sherghati, Gaya in 2 connection with Sherghati P.S. Case No. 29 of 2010 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 bailor shall be the father/wife of the petitioner. The bailor will also undertake to inform the Court if there is any change in the 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. Vikash/- (Anjana Prakash, J.)