IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.26031 of 2011 Bishwanath Sah son of Late Ganga Bishun Sah Versus The State Of Bihar ----------- 2/ 08.09.2011 Supplementary affidavit on behalf of the petitioner is being filed. Let it be kept with the record. Heard learned counsel for the petitioner and the State. The petitioner seeks anticipatory bail in a case instituted for the offence under sections 392/34 of the Indian Penal Code. It has been submitted that the petitioner filed a complaint on 18.06.2008 against the complainant of the present case, who happens to be his brother-in-law (Sala) and thereafter the present case was instituted by him as backlash. In view of such, in the event of surrender of the petitioner, named above, within four weeks from the date of receipt of a copy of this order in connection with Complaint Case No.573 of 2008 (T.R.No.120 of 2011), he shall be released on anticipatory bail on furnishing bail bond of Rs.5,000/-(five thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Rosera, Samastipur, subject to conditions as laid down under section 438 (2) Cr. P.C., and (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 bailors will undertake to furnish information to the court about any change in the address of the petitioner, (ii) That the affidavit shall clearly state that the petitioner is not an accused in any other 2 case and, if he is, he shall not be released on bail and further the petitioner shall undertake to be represented on the first date after cognizance if the investigation in the case is still pending and in case he fails to do so, his bail bond will be liable to be cancelled (iii) That the bailors shall also state on affidavit that they 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, (iv) 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 (v) 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. JA/- (Anjana Prakash,J.)