IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15384 of 2010 ASHOK JHA @ JHAGRU JHA, SON OF BHOLA JHA Versus THE STATE OF BIHAR ----------- 3. 25.06.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 452, 147, 148, 149, 323, 324, 307, 504 and 354 of the Indian Penal Code. By an order dated 27.8.2009, the petitioner was refused bail but with liberty to renew his prayer for bail after having remained in custody for one year. Thereafter, the petitioner renewed his prayer for bail vide Cr. Misc. 10010 of 2010 and he was being granted bail by an order dated 30.3.2010 on condition that an affidavit would be filed on his behalf that he has no antecedents. However, since one complaint case pending against the petitioner, such an affidavit could not be filed on his behalf and, therefore, the petitioner was not released on bail. Considering that the petitioner is in custody since 15.3.2009 and even though the allegation was that the petitioner had inflicted a farsa blow on the injured, but no injury has been found on the person of the injured and there is a land dispute between the parties, 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 2 satisfaction of Additional Chief Judicial Magistrate, Dalsingsarai, Distt. Samastipur, in Ujiarpur P.S. Case No. 277 of 2008 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 undertake to furnish information to the Court about any change in 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. S.Ali ( Anjana Prakash, J.)