IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.9067 of 2010 RUSTAM MIAN, son of Peer Mohammad Mian Versus STATE OF BIHAR ----------- 2/ 16.03.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 448, 323, 307, 504 and 379/34 of the Indian Penal Code. Even though the allegation in the First Information Report is that he assaulted the injured with Farsa on the head but after investigation the petitioner was not sent up for trial by the police and the injury sustained by the injured was simple in nature. Under the circumstances, let the petitioner, above named, who is in custody since 8.2.2010 and has no criminal antecedents, 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 Sri B. N. Singh, Judicial Magistrate, 1st Class, Motihari, East Champaran, in connection with Harsidhi P.S. case no.162 of 2005, 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 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 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 - 2 - 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. The fact that the petitioner has no criminal antecedents will be verified by the Magistrate before releasing the petitioner on bail. JA/- (Anjana Prakash, J.)