IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.13379 of 2011 Bhim Mistri, son of Faudar Mistri Versus The State Of Bihar ---------------------------------- 3. 28.09.2011 Heard learned counsel for the petitioner and the State. The petitioner was allowed bail by an order dated 15.3.2011 passed in Cr. Misc. 43481 of 2010 considering that the co-accused has been granted bail by this Court and also that the petitioner has fair antecedent, the petitioner was required to file such an affidavit in the Court below. Since the petitioner had antecedent, such an affidavit could not be filed in the Court below and resultantly he remained in custody. The prayer for bail has been renewed on the ground that he has remained in custody since 22.9.2010 and there is no specific overt act against him. Considering the aforesaid and that on merits he was earlier found fit to be released on bail, 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 to be fixed by the court concerned to the satisfaction of Chief Judicial Magistrate, Aurangabad, in connection with Rafiganj P.S. Case No. 29 of 2009, subject to the following 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 and the other shall be the brother of the petitioner namely Nakul Mistri. 2 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 While hearing the present bail application, the bail order of Krishna Verma was produced before this Court wherein it was noted that the petitioner has been granted bail since here was no specific overt act alleged against him. The case diary received from the Court below and the learned A.P.P. submits that in fact, in further statement of paragraph-7 of the case diary, there is specific against Krishna Verma and Jitender Mahto of having thrown Bomb on the deceased on account of which he died. Put up Cr. Misc. 38398 of 2010 disposed of on 10.11.2010 for orders. S.Ali ( Anjana Prakash, J.)