IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.5911 of 2010 MURARI MAHTO, son of Sri Shiv Balak Mahto Versus STATE OF BIHAR ----------- 4/ 11.03.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 364 and 120-B of the Indian Penal Code. On the last occasion, by order dated 17.12.2009, passed in Cr. Misc. No.44084 of 2009, the petitioner was directed to be released on bail on condition that he would give an affidavit that he is not accused in any other case but it transpired that the petitioner was accused in two other cases. The First Information Report of both the cases has been annexed with the present application by filing supplementary affidavit. From the perusal of the same it appears that the cases are under sections 341, 323/34 of the Indian Penal Code and section 436/34 of the Indian Penal Code and not under section 364 of the Indian Penal Code. Under the circumstances, 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 to the satisfaction of the Additional Chief Judicial Magistrate, Patna City, Patna, in connection with Agamkuan P.S. case no.119 of 2009, subject to 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 - 2 - 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, (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, and (iv) 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.)