IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1682 of 2010 SHAILENDRA KUMAR @ SHAILENDRA SINGH SON OF KISHORI PRASAD SINGH Versus STATE OF BIHAR ----------- 2. 14.1.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 302, 364 and 201/34 of the Indian Penal Code. Earlier by an order dated 11.11.2009, the petitioner was allowed bail also on condition that Magistrate will verify that the petitioner was an accused in only one other case besides the present one, but on verification it was not found to be incorrect and, therefore, he was not released on bail. Now a fresh bail application has been filed stating therein the full particulars of the antecedent of the petitioner, from which it transpires that the petitioner is an accused in two cases, but one of them appears to be a case of 2002 and the other of 2003, whereas the present case is of the year 2009 and, therefore, I am satisfied that the antecedent of the petitioner does not interfere with the merits of the present case, which has been considered in the order dated 11.11.2009. Under the circumstances, 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 to the satisfaction of Chief Judicial Magistrate, Bhagalpur in Kahalgaon (Ghogha) P.S.case No.317 of 2009, subject to the conditions (i) - 2 - that one of the bailors will be a close relative of the petitioner who will give an affidavit 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 of bail, (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 and (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. Narendra/ ( Anjana Prakash, J. )