IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.20480 of 2011 MD. SHAHABUDDIN, S/o Md. Nezamuddin. Versus THE STATE OF BIHAR ------------- 02. 06.07.2011 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Section 307 of the Indian Penal Code and Section 47A of the Excise Act. By order dated 14.03.2011 vide Cr.Misc. No. 43902 of 2010 the petitioner was granted bail on the undertaking that the petitioner was accused in only one other case but before releasing the petitioner on bail when a verification was made it was found out that the petitioner had clean antecedents despite which the petitioner was not released on bail and Magistrate concerned seeks modification of the said order. The petitioner even now asserts that he is an accused in one other case i.e. Gaya (Kotwali) P.S. Case No. 267 of 2006 dated 15.12.2006 and none other. 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 or any other surety as fixed by the Court to the satisfaction of Chief Judicial Magistrate, Gaya in connection with Rampur P.S. Case No. 171 of 2010 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. The bailor will also undertake to inform the 2 Court if there is 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. The order is modified to the aforesaid extent and no need for further verification. The modification petition stands allowed. Vikash/- (Anjana Prakash, J.)