IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1149 of 2010 KRISHNA KUMAR @ KISHAN KUMAR @ KRISHNA KUMAR S/O DHATURA PRASAD Versus STATE OF BIHAR ----------- 2. 22.1.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 147, 149, 374, 302 and 323 of the Indian Penal Code. From the first information report, it appears that four persons were variously assaulted on account of the fact that they had been suspected to have committed theft of Rs.40,000/- from the shop of one Dudul Choubey. Some of the participants in the assault numbering 70-75 persons were specifically named including the petitioner as being an associate of Dudul Choubey, in whose shop the alleged theft had taken place. However there is no specific overt-act against him nor does he have any criminal antecedents and he is in custody since 7.8.2009. In view of the circumstances enumerated above, 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 Chief Judicial Magistrate, Bhabhua in Kudra P.S.case No.124 of 2009 (G.R.No.1180 of 2009), subject to the conditions (i) that one of the bailors will be a close relative of the petitioner who will give an affidavit genealogy as to how he is related with the petitioner, (ii) that the affidavit shall clearly state - 2 - 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 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 of bail and (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. Narendra/ ( Anjana Prakash, J. )