IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12948 of 2011 RAJESH CHAUDHARY @ RAJESH KUMAR CHOUDHARY S/O LATE SHRIKANT CHAUDHARY Versus THE STATE OF BIHAR ----------- 2. 04.05.2011 By an order dated 29.9.2010 passed in Cr. Misc. No. 32623/ 2010 the petitioner was granted bail but since the informant had made a submission that he was absconding in Khagaria P.S. Case No. 177 of 2009. This court had directed him to be released only on provisional bail for a period of 3 months in which time he was to surrender in Khagaria P.S. Case No. 177 of 2009. Since one of the conditions was that the petitioners’ parents were to be one of the bailors, which could not complied with because the parents were dead, this order was then modified by this court. On 16.12.2010, the court below interpreting the order dated 29.9.2010 to mean that 3 months provisional bail was to be granted from the date of the order, did not release the petitioner. Further submission is that the petitioner is not wanted in Khagaria P.S. Case No. 177 of 2009 which is demonstrated from annexure nos. 3 & 4 and, therefore, that condition also be dispensed with. In view of such, 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 2 other surety to be fixed by the court concerned to the satisfaction of learned Additional Sessions Judge, F.T.C.-4, Khagaria in connection with S.T. No. 435 of 2010 arising out of Parbatta P.S. Case No. 76/2010, subject to the conditions, (i) That one of the 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 bailor will undertake to furnish information to the Court about any change in address of 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 bailors shall also state on affidavit that they 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 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, (v) That the petitioner will be well represented on each date if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. Fahad. ( Anjana Prakash, J.)