IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.3566 of 2010 SANJAY BHAGAT @ ABHISHEK RAJ, S/O BHARAT BHAGAT Versus STATE OF BIHAR **** /2/ 01.02.2010 Heard both the sides. 2. The petitioner seeks bail in a case instituted under Sections 392 and 411 of the Indian Penal Code and 25- B(a), 26 and 35 of the Arms Act. 3. By an order, dated 25.11.2009, the petitioner was ordered to be released on bail on condition that he would give an affidavit that he is not an accused in any other case, which he could not do since the petitioner is an accused in one other case. The present application has been filed annexing the bail order of Hajipur Town P.S. Case No. 158 of 2009 under Section 392 of the Indian Penal Code in which the petitioner is also an accused and from the order it appears that there is only suspicion against the petitioner and in my opinion the antecedent of the petitioner does not interfere with the merits of the case. 4. Under the circumstances, let the petitioner, above named, who is in custody since 01.09.2009 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 2 Patepur P.S. Case No. 45 of 2009 to the satisfaction of the Chief Judicial Magistrate, Vaishali at Hajipur, 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 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.)