IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19779 of 2011 Md. Afjal son of Late Doman Miyan Versus The State Of Bihar ----------- 2/ 13.07.2011 Heard learned counsel for the petitioner and the State. The petitioner was refused bail by order dated 17.05.2010 vide Cr. Misc. No.11232 of 2010, who moved Hon’ble Supreme Court vide Special Leave to Appeal (Crl) CRIMP No.(s) 21157 of 2010, which application was permitted to be withdrawn. The petitioner was granted liberty by this Court to renew his prayer for bail after having remained in custody for 1½ years to bring the case in parity with that of Ashok Yadav, who had been granted bail by this Court. It has been submitted that the petitioner is in custody since 15.12.2009 and, therefore, he has also remained in custody for about 1 ½ years. Considering the same, 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 below to the satisfaction of the Chief Judicial Magistrate, Lakhisarai, in connection with Lakhisarai P.S. Case No.529 of 2007, 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. The bailors will undertake to furnish information to the court about any change in the address of the petitioner, (ii) That the affidavit 2 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 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.)