IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9948 of 2010 VIJAY KUMAR SAH SON OF RAMASHANKAR SAH Versus THE STATE OF BIHAR ----------- 2. 30.3.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 272, 273 and 304 of the Indian Penal Code and 47(a) of the Excise Act. The petitioner even though is alleged to have provided liquor from his shop to the deceased, on account of which he later died, learned counsel for the petitioner contesting this fact submits that in fact he does not have a liquor shop at all but has a business of selling fish which fact has also come in paragraphs 27 and 31 of the case diary. In view of such as also that the petitioner is in custody since 7.11.2009 and now the matter has been compromised as per the impugned order, 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, Siwan in Siwan Town P.S.case No.176 of 2009, subject to the 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 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 - 2 - 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 and (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. Narendra/ ( Anjana Prakash, J. )