IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.20433 of 2010 LAXMAN DAS son of Late Pokhan Das Versus THE STATE OF BIHAR ----------- 3/ 25.06.2010 Heard learned counsel for the petitioner and the State. The petitioner was directed to be released on bail by order dated 20.5.2010 vide Cr. Misc. No. 13728 of 2010, on condition that he would file an affidavit that he has no antecedent. Since there was one complaint case pending against the petitioner, such affidavit could not be filed and, therefore, the petitioner could not be released on bail and has renewed the prayer for bail explaining that in fact the wife of the petitioner has sworn affidavit, who being illiterate lady did not know about the pendency of such case and, therefore, wrongly stated that the petitioner has clean antecedent. In view of such, 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 Additional Chief Judicial Magistrate, Rosera, in connection with Bibhutipur P.S. Case No. 298 of 2009, 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 wife 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 petitioner is implicated in any other case of similar nature after his - 2 - 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 Magistrate concerned shall verify that there is only one complaint case pending against the petitioner before releasing him from jail custody. JA/- (Anjana Prakash, J.)