IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36620 of 2010 MISHRI SHARMA, son of late Ayodhi Sharma Versus STATE OF BIHAR ----------- 2/- 28.10.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under section 379 of the Indian Penal Code and section 135 of Electricity Act. It has been submitted that the petitioner is not in a position to deposit the entire demanded bill which is to the tune of Rs.1,86,617/- but he is ready to deposit Rs.25,000/- in the Electricity Department. In case he does so and files a receipt before the court below, the petitioner shall 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 concerned to the satisfaction of learned Chief Judicial Magistrate, Purnea in Janki Nagar P.S. Case No. 44 of 2010, subject to the conditions,(i) That one of the bailor will be a close relative of the petitioner who will give an affidavit giving genealogy as 2 to how he is related with the petitioner. The bailor will undertake to furnish information to the Court about any change in address of the petitioner. (ii) That the affidavit 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 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 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 if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. Ashwini/- ( Anjana Prakash, J. ) 3