IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44540 of 2009 1. JAI PRAKASH MANDAL S/O LATE AYODHYA MANDAL R/O VILL.- TINANGA DIARA, P.S.- GOPALPUR, NAUGACHIYA, TOWN & DISTT.- BHAGALPUR. Versus 1. THE STATE OF BIHAR. ----------- 02. 23.12.2009 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 302, 201, 379 and 411/34 of the Indian Penal Code. Taking into consideration the fact that the petitioner is not named in the First Information Report and during investigation only material that has transpired against the petitioner is that his mobile’s SIM which he had got on his voter-list has been used by the co-accused but there is no direct involvement of the petitioner nor he has criminal antecedent, let the petitioner above named who is in custody since 24.07.2009 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 Chief Judicial Magistrate, Vaishali at Hajipur in connection with Goraul P.S. Case No. 152 of 2009 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 affidavit shall clearly state that the - 2 - petitioner is not accused in any other case and if he is he shall not be released on bail. (iii) 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. (iv) 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. Before releasing the petitioner on bail, the Magistrate concerned will verify the fact that the petitioner is not accused in any other case and if it is found to be incorrect the petitioner will not be released on bail. Vikash/- (Anjana Prakash, J.)