IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20154 of 2010 SUNIL BHUIYAN SON OF DASU BHUIYAN Versus THE STATE OF BIHAR ----------- 3. 13.9.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 144, 427 of the Indian Penal Code and ¾ of the Explosive Substance Act as well as 3 of the Damage of Public Property Act. It has been submitted that the petitioner is not named in the first information report and subsequently he was implicated on the basis of suspicion. Considering the same, let the petitioner above named, who is in custody since 3.11.2009, 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 Additional Sessions Judge, Aurangabad in S.Tr.No.49 of 2010 arising out of Deo P.S.case No.47 of 2009, subject to the conditions (i) That one of the bailors shall be the father of the petitioner 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 court below is directed to make full enquiry about the identity of the petitioner and the bailors so that there is no dispute about their identification later on, (ii) That the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is implicated - 2 - 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 and (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. It has been submitted that the petitioner is an accused in only one other case besides the present one, which fact will be verified by the Magistrate concerned before releasing the petitioner on bail. Narendra/ ( Anjana Prakash, J. )