IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.38862 of 2009 NAND LAL PRASAD, son of late Ayodhya Prasad, resident of village Dhandhawa, P.S. Bodh Gaya, district Gaya .. Petitioner Versus THE STATE OF BIHAR .. Opposite Party **** /2/ 07.11.2009 Heard both the sides. 2. The petitioner seeks bail in a case instituted under Sections 147, 148, 149, 323, 353 and 171F of the Indian Penal Code 135(a) 136(1-G) of the Representation of People Act. 3. Taking into consideration the fact that the petitioner is one among five thousand persons, who committed the act of pouring colour in the ballot box and general allegation of assault, but, there is no specific overt act against him, let the petitioner, above named, who is in custody since 12.10.2009, be released on bail on furnishing bail bond of Rs.5,000/- (rupees five thousand) with two sureties of the like amount each in connection with Bodh Gaya P.S. Case No. 187 of 2009 to the satisfaction of the Chief Judicial Magistrate, Gaya, on the conditions (i) that one of the bailors will be a close relative of the petitioner who will 2 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 an accused in any other case and if he is, he shall not be released on bail and (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. S.A. (Anjana Prakash, J.)