IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23639 of 2010 PRAKASH AGRAWAL SON OF SRI PAWAN AGRAWAL Versus STATE OF BIHAR ----------- 2. 16.7.2010 Heard learned Counsel for the petitioner, the State and the informant. The petitioner seeks bail in a case instituted for the offence under Sections 420, 419, 467, 468 and 471 of the Indian Penal Code. The prosecution case is that the informant at the behest of the petitioner invested certain amount of money in an Insurance Company since he was an advertiser in the said company and the amount was misappropriated by the Insurance Company. The submission is that the petitioner himself was merely an employee of the company and it is difficult to say as to who had misappropriated the amount. Considering the same, let the petitioner above named, who is in custody since 2.5.2010, 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 A.C.J.M., Patna City, District Patna in Khajekalan P.S.case No.59 of 2010, subject to the conditions (i) That one of the bailors shall be the father of the petitioner and the other bailor 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 undertake to furnish - 2 - information to the court about any change in the address of the petitioner, (ii) that the affidavit shall clearly state that the petitioner is not an 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 and (v) 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. Narendra/ ( Anjana Prakash, J. )