IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37371 of 2009 VIJAY PRAJAPATI son of Shankar Prajapati Versus STATE OF BIHAR ----------- 3. 17.12.2009. Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under section 364 of the Indian Penal Code and section 17 of the C.L.A. Act. The case diary was called for to see the material against the petitioner On perusal of the case diary it appears that the only material that has transpired against him is that fifteen day before the occurrence, he on his mobile, had conversation with the co-accused Bhola Gaur. Under the circumstances mentioned above, let the petitioner above named be released on bail on furnishing bail bond of Rs. 5,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Rohtas at Sasaram in connection with Sasaram (M) P.S. Case No.418 of 2009 subject to the following conditions: (a) 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, (b) 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. (c) that the bailor shall also state on affidavit that he will - 2 - 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 a proceeding for cancellation of bail on the ground of misuse. (d) that the petitioner will give an undertaking that he will receive the police papers on the given date and be present on the 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. (e) 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. Md.S. (Anjana Prakash,J.)