IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43621 of 2010 ANIL TIWARY @ PILLA TIWARY SON OF LATE RADHA TIWARY Versus THE STATE OF BIHAR ----------- 2. 2.2.2011 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence u/ss.147, 148, 149, 384, 385, 387, 447 and 504 of the Indian Penal Code. The petitioner was allowed bail by an order dated 30.9.2010 vide Cr.Misc.No.32515 of 2010 but on condition that an enquiry be done as to whether he is an accused in any other case of similar nature. When a report was called for it was discovered that the petitioner was an accused in four other cases but none of them pertain to Sections 384, 385 and 387 I.P.C. despite which the court below did not release him from jail custody. Considering the report as also the fact that the petitioner was granted bail on merits, 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 or any other surety to be fixed by the court concerned to the satisfaction of Chief Judicial Magistrate, Buxar in Brahmpur (Nainijore O.P.) P.S. case No.126 of 2010, subject to the conditions (i) That one of the bailor shall be the brother of the petitioner and the other bailor will be a - 2 - 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 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 if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. In view of the antecedents of the petitioner, the petitioner is directed to appear before the Superintendent of Police, Buxar within fifteen days of his release with a copy of this order and every two weeks thereafter for the next nine months. The conduct of the petitioner will be kept under watch in this period by the superintendent of Police concerned and if it is found wanting in any respect, a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After - 3 - reporting to the Superintendent of Police, a certificate will be filed by the petitioner before the court concerned. , Narendra/ ( Anjana Prakash, J. )