IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36172 of 2010 SHYAMALI MAHTO, Son of Late Aklu Mahto, resident of Village- Marachi, P.S. Marachi, District-Patna ------Petitioner Versus THE STATE OF BIHAR ----------- 03 07-12-2010 Heard Sri Raj Kumar, learned counsel for the petitioner and Sri Anil Kumar, learned Addl. Public Prosecutor appearing on behalf of the State. The sole petitioner, who is in custody in connection with G.R.P.Kiul P.S. Case No.51 of 2009 for the offences under Sections 420/120 B of the Indian Penal Code, has prayed for grant of bail. The accusation against the petitioner is that he along with other two accused persons had cheated the informant. It was submitted by the learned counsel for the petitioner that the petitioner along with Md. Shakil and one another was made accused. However, co-accused Md. Shakil has been granted bail by order dated 8.02.2010 vide Cr.Misc.No.3219 of 2010. It was submitted by learned counsel for the petitioner that the petitioner is in custody since 20.8.2009. Keeping in view the nature of allegation and also the fact that co-accused Md. Shakil has been granted bail, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- ( ten thousand ) with two sureties of the like amount each to the satisfaction of the learned Railway Judicial Magistrate, Kiul in connection with G.R.P. Kiul P.S. Case No.51 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 (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 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. NKS/- ( Rakesh Kumar, J.)