IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7278 of 2009 Shahabuddin, Son of Late Nasiruddin, R/o Mohall-Nayatola, P.S.- Abadpur, District-Katihar. …Petitioner. Versus The State of Bihar …..Opposite Party. ----------- 04. 13.08.2009 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Section 364 of the Indian Penal Code. Taking into consideration the fact that the occurrence arises out of a dispute between the rival political groups and the fact that the petitioner has remained in custody since 06.01.2009 and the co-accused has been granted bail by this Hon’ble High Court, petitioner above named is directed to 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, Katihar in connection with Abadpur P.S. Case No. 42 of 2006 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 bailor shall also state on affidavit that he will inform the - 2 - 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) It has been submitted that the petitioner has no criminal antecedent and so the affidavit shall clearly state about the antecedent of the petitioner and it will be open to the court concerned to call for a report about the antecedent of the petitioner from the Superintendent of Police and in case it is found to the contrary he will not release him on bail and the court below shall initiate a proceeding against the person who has sworn affidavit in the present bail application. Vikash/- (Anjana Prakash, J.)