IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.4205 of 2010 MD.YAQUB MIAN, S/O MAHUBI MIAN Versus STATE OF BIHAR **** /2/ 03.02.2010 Heard both the sides. 2. The petitioner seeks bail in a case instituted under Sections 366A, 376, 323 and 504/34 of the Indian Penal Code. 3. The petitioner was granted bail by an order, dated 16.12.2009, vide Cr. Misc. No. 38811 of 2009 on the condition that he has to give an affidavit that he is not an accused in any other case, but, he could not do so since the petitioner was an accused in a case initially arising out of a complaint instituted in the year 2004 in which he is on bail. 4. Considering that the earlier case does not interfere with the merits of the present case, 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 Goraul P.S. Case No. 111 of 2008 to the satisfaction of the Goraul P.S. Case No. 111 of 2008 on the conditions (i) that one of the bailors will be a close relative of the petitioner who will give an affidavit giving 2 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 and (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. S.A. (Anjana Prakash, J.)