IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.27707 of 2010 SUKHARI TIWARY son of Late Sitaram Tiwary Versus STATE OF BIHAR ----------- 2/ 18.08.2010 Heard learned counsel for the petitioner, informant and the State. The petitioner seeks bail in a case instituted for the offence under sections 147, 148, 149, 384, 385, 387, 447 and 504 of the Indian Penal Code. It has been submitted that the petitioner is named in the First Information Report as one of the miscreants, who demanded Rangdari, but is notable that on earlier two occasions report was made by the informant but he did not disclose the name of the petitioner therein. In view of such as also that there is no other case of similar nature pending against the petitioner, 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 Chief Judicial Magistrate, Buxar, in connection with Brahmpur (Nainijore OP) P.S. Case No.126 of 2010, 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 and the other bailor shall be the brother of the petitioner. The bailors will undertake to furnish information to the court about any change in the address of the petitioner, (ii)That the bailors shall also state on affidavit that they will inform the court concerned if the - 2 - 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, and (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. The fact that the petitioner is not implicated in any other case of similar nature will be verified by the Magistrate before releasing him on bail. JA/- (Anjana Prakash, J.)