IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17733 of 2011 Babloo Kumar @ Babloo Thathera, Son of Om Prakash Thathera Versus The State Of Bihar ----------- 2. 29.06.2011 Heard learned counsel for the petitioner and the State. By an order dated 29.7.2010 passed in Cr. Misc. 25677 of 2010, the petitioner was allowed bail since he was not named in the First Information Report and subsequently, the only material that had transpired against him was the confessional statement of the co-accused. However, on the submission of the petitioner that he has no criminal antecedents, he was required to file an affidavit in this regard but, since the petitioner was implicated in another case, such an affidavit could not be filed and he continued to be remained in custody. Now, the antecedents of the petitioner has been explained satisfactorily, and, therefore, 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 or any other surety to be fixed by the court concerned to the satisfaction of Additional Sessions Judge-II, Patna City, in connection with Trial No. 1781 of 2010 arising out of Malsalami P.S. Case No. 40 of 2007 subject to the following conditions: (i) That one of the bailors will be a close relative of the petitioner, 2 who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will undertake to furnish information to the court about any change in the 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. S.Ali ( Anjana Prakash, J.)