IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44481 of 2009 1. MD. AZAD S/O MD. YUNUS R/O VILL LOHAGIR, P.S.UJIARPUR, DISTT-SAMASTIPUR. Versus 1. THE STATE OF BIHAR. ----------- 03. 18.12.2009 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 414/34 of the Indian Penal Code. By an earlier order dated 14.10.2009 passed in Cr. Misc. No. 34999 of 2009 the petitioner had been released on bail on the assumption that he has no criminal antecedent and was required to file an affidavit in the court below at the time of his release. However, the petitioner could not comply with the said condition because he is an accused in two other cases, the First Information Reports of which has been annexed in the present application vide Annexures-4 and 4/1. From perusal of these First Information Reports, I find that the petitioner is not an accused in similar kind of cases, let the petitioner above named who is in custody since 29.06.2009 be released on bail on furnishing bail bond of Rs. - 2 - 5,000/- (Five Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Dalsingsarai, Samastipur in connection with Ujiarpur P.S. Case No. 273 of 2008 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 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. Vikash/- (Anjana Prakash, J.)