IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14475 of 2010 MAHENDRA MEHTA, SON OF LATE DANALAL MEHTA Versus STATE OF BIHAR ----------- 2. 06/05/2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 147, 148, 149, 323, 307, 379 and 341 of the Indian Penal Code. The prosecution case is that the occurrence took place on account of a minor dispute between the parties in which the accused persons lost their balance and variously assaulted the injured. However, there is no specific overt act against the petitioner. In view of such, let the petitioner above named, who is in custody since 30.3.2009, be released on bail on furnishing bail bond of Rs. 5,000/- (Five thousand) with two sureties of the like amount each to the satisfaction of Addl. Sessions Judge, Fast Track Court II, Supaul, in Sessions Trial No. 172 of 2009 arising out of Birpur (Bhim Nagar) P.S. Case No. 165 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 affidavit shall clearly state that the petitioner is not an accused in any other case and if he is, he shall not be released on bail. (iii)That the - 2 - 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. (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. S.Ali (Anjana Prakash, J.)