IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1006 of 2010 KAILASH KAMTI, S/o Chhathoo Kamti. Versus THE STATE OF BIHAR ----------- 02. 21.01.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 147, 148, 149, 341, 323, 324, 307, 384, 379 and 504 of the Indian Penal Code. It has been submitted that the brother of the present petitioner instituted First Information Report on 10.06.2008 (Annexure-2) and thereafter on 11.06.2008 Ram Deyal Sahni filed a case about the occurrence of the same day stating therein that the petitioner had assaulted him with knife. The further submission is that the present First Information Report has been instituted two days after the occurrence only to save his keen. In view of such facts as also that only simple injury found on the person of the injured, let the petitioner above named who is in custody since 02.12.2009 and has no criminal antecedent 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, Darbhanga in connection with Manigachi P.S. Case No. 92 of 2008 subject to the following conditions:- (i) That one of the - 2 - 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 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 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. (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. Vikash/- (Anjana Prakash, J.)