IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10544 of 2010 SURESH MAHATO Son of Ramdhari Mahato, resident of Village- Kanhara (tola), P.S. Bikramganj, District- Rohtas...........................................Petitioner. Versus THE STATE OF BIHAR...................................................................Opposite Party. ----------- 03. 21.05.2010 Heard learned counsel for the petitioner and counsel appearing for the State. The petitioner is languishing in jail in a police case registered under Sections 307, 324, 323, 341,147, 148, and 149 of the I.P.C. and Section 27 of the Arms Act. It is submitted by the learned counsel for the petitioner that there is case and counter-case for the same occurrence and similarly situated accused Uma Shankar Mahto who was alleged to have caused injury to the informant has been granted bail vide Cr. Misc. No. 9543 of 2010 on 30.03.2010. The certified copy of the order has been produced. Let it kept on record. Considering the fact that there is case and counter case, injuries caused to the informant is simple in nature as contained in Annexure-4, similarly situated accused has 2 been granted bail and petitioner is in jail custody since 30.11.2009, let the petitioner, Suresh Mahato, be released on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C. J. M., Rohtas at Sasaram in connection with Bikramganj P.S. Case No. 39 of 2009, 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.(ii) That the affidavit shall clearly state that the petitioner is not 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 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.(iv) That the petitioner will give an undertaking that he will receive the police papers on the given 3 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. U.K. (Dinesh Kumar Singh, J)