IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.29939 of 2011 Dudheshwar Chaudhary @ Dusheshwar Chaudhary, S/o Late Sagar Chaudhary. Versus The State of Bihar ---------------- 02. 15.09.2011 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 506, 379, 504, 323, 341, 147, 148 and 149 of the Indian Penal Code and later on Section 395 IPC was added. The petitioner was refused bail by order dated 17.03.2010 since he had been identified by four witnesses but stating therein that it was being rejected at that stage. He was again refused bail on 15.11.2010 considering that there are four cases pending against them and this occurrence committed by him while on bail. The prayer for bail has been renewed on the ground that co-accused, Sanjay Chaudhary similarly placed has been granted bail by this Court on consideration that no witness is turning up during trial. 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 as fixed by the Court to the satisfaction of Additional Sessions Judge-V, Aurangabad in connection with S.Tr. No. 02A of 2011 arising out of Barun P.S. Case No. 193 of 2009 subject to the following conditions:- (i) That one of the bailors shall be local since the petitioner 2 belongs to Gaya and the other bailor shall be the brother of the petitioner namely Satendra Chaudhary. The bailor will also undertake to inform the Court if there is any change in the 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 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. (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. In view of the antecedents of the petitioner, the petitioner is directed to appear before the Superintendent of Police, Aurangabad 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 reporting to the Superintendent of Police, a certificate will be filed by the petitioner before the court concerned. 3 The records of Cr. Misc. No. 10136 of 2011 has been put up along with Cr. Misc. No. 29939 of 2011 and I find from that the District and Sessions Judge, Aurangabad had been asked to take action against the clerk for not having been sent the summons at the earliest. Put up Cr. Misc. No. 10136/2011 under the heading “To be Mentioned” along with this case. Vikash/- (Anjana Prakash, J.)