IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.4445 of 2010 MD. SARFARAZ ALAM @ MOHM.SARFRAZ ALAM, S/O MD. TAUHID ALAM Versus STATE OF BIHAR **** /3/ 15.02.2010 Heard both the sides. 2. The petitioner seeks bail in a case instituted under Sections 399 and 402 of the Indian Penal Code. 3. The petitioner was released on bail with condition that he would file an affidavit that he is not an accused in any other case which he could not do, since, he was suspected to be an accused in Baisi P.S. Case No. 134 of 1999. In my view the merits of the case is not affected by the earlier antecedent of the petitioner. 4. Under the circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.5,000/- (rupees five thousand) with two sureties of the like amount each in connection with Baisi P.S. Case No. 132 of 2009 to the satisfaction of the Chief Judicial Magistrate, Purnea, on the 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 bailor shall also state 2 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 then 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. S.A. (Anjana Prakash, J.)