IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19232 of 2010 BALKHANDI CHAUDHARY Versus STATE OF BIHAR ----------- 02. 26.05.2010 Heard learned counsel for the petitioner and the State. Petitioner is languishing in jail since 20.08.2009 in a case registered under Sections 328, 307, 379, 411/34 of the I.P.C. and under Sections 8,22 of the N.D.P.S. Act. It is alleged that the passengers in the train were offered tea and after that when they got little bit dizzy, their belongings were taken away by the accused persons. It is alleged that certain tablets were recovered from the possession of the petitioner. It is submitted by learned counsel for the petitioner that petitioner has no criminal antecedent and on mere suspicion the petitioner has been apprehended and falsely implicated in the present case. Moreover the other similarly situated accused persons have been granted bail vide Cr. Misc. No. 4480 of 2010 and other Cr. Misc. applications on 06.05.2010. Considering the aforesaid submissions, let the petitioner namely Balkhandi Chaudhary be 2 enlarged on bail on the same conditions as incorporated in Cr. Misc. No. 4480 of 2010 passed on 06.05.2010 i.e. (i) that father/wife will be one of the bailors and the other bailor 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 the address of the petitioner (ii) that the affidavit shall clearly state that the petitioner is not accused in any other case and if he is he shall not be released on bail (iii) 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 their 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 and (iv) that the petitioner will give an undertaking that they will receive the police papers on the given dates and be present on date fixed for charge and if they fail to do so on two given dates and delay the trial in any manner, his bail will be liable to be cancelled for reasons of misuse and on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of District & Sessions Judge, West 3 Champaran at Bettiah in connection with Narkatiyaganj Rail P.S. Case No. 20 of 2009. Shageer (Dinesh Kumar Singh, J.)