IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39032 of 2009 DARA MIAN, S/o Late Ali Ahmad @ Late Yar Mohmaid. Versus THE STATE OF BIHAR ----------- 04. 06.01.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 147, 323, 504, 427 and 379 of the Indian Penal Code and Section 27 of the Arms Act. Taking into consideration the fact that the petitioner is in custody since 13.05.2009 and there is no specific overt act against him, 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 Chief Judicial Magistrate, Katihar in connection with Manihari P.S. Case No. 140 of 2003 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. (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 the ground of - 2 - 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. The antecedent report of the petitioner shows that the petitioner is accused in seven other cases so it will be in fitness of things that the petitioner is directed to appear before the Supdt. of Police, Katihar within fifteen days of his release from custody with a copy of this order and thereafter every two weeks for the next nine months in which period the conduct of the petitioner will be watched by the S.P. In case the petitioner’s conduct is found wanting in any manner a report will be made to the court concerned about the same who will proceed to initiate a proceeding for cancellation of bail for reasons of misuse of bail. Vikash/- (Anjana Prakash, J.)