IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10758 of 2010 NUNDEO RABIDAS, SON OF DARBARI RABIDAS Versus STATE OF BIHAR ----------- 2. 13/04/2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 212, 216 and 386/34 of the Indian Penal Code. The allegation against the accused persons in the First Information Report is that they are anti social elements and harboring persons who are engaged in demanding rangdari. However, the petitioner was not arrested from the place where the co-accused Ghanshyam Rabidas was arrested but his name was disclosed by the co-accused as being one of his associates. However, considering that the petitioner is in custody since 11.11.2009 and there is only one other case i.e. Laxmipur (Giddaur) P.S. Case No. 36 of 2007 instituted under various Sections of the Arms Act. In view of such, let the petitioner above named, who is in custody since 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 Sri Brajesh Kumar, Judicial Magistrate, 1st Class, Jamui, in Laxmipur (Gidhor) P.s. Case No. 78 of 2007 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 - 2 - petitioner. The bailor will undertake to furnish information to the Court about any change in address of the petitioner. (ii)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. (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. (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 Magistrate before releasing the petitioner on bail will verify that the petitioner is an accused in only one other case mentioned above. S.Ali (Anjana Prakash, J.)