IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.37664 of 2011 Prashant Kumar Versus The State Of Bihar Through C.B ---------------------------------- 3 23.12.2011 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 420,467,468,471 and 120B of the Indian Penal Code. By an order dated 26.9.2011 passed in Cr. Misc. No.31730 of 2011, the petitioner was granted bail by noting that the petitioner has fair antecedent and, therefore, he was required to file affidavit that he has clean antecedent which he could not do since he was accused in four other cases. On the last occasion by order dated 5.11.11, CBI was required to seek instructions on the number of cases pending against the petitioner. It has been submitted on behalf of the C.B.I that the petitioner is an accused in Naugachhia P.S Case No. 418 of 2006 in which he is on bail. In Naugachhia P. S. Case No.354 of 2006, the matter is at stage of hearing .It has been submitted by the petitioner that he is on bail in the said case . In Naugachhia P. S. Case No. 350 of 2006 his bail bond has been cancelled. it has been explained by the learned counsel for the petitioner that the bail has been cancelled on account of the fact that he was in custody in the present case. Kharik P. S. Case No. 403 of 2007 the petitioner has received police papers and therefore he is not delaying the trial. At this stage, the counsel for the C.B.I submits that the brother of the petitioner, Vikrant Kumar, who is accused in the present 2 case, is not appearing pursuance to process issued by the court below. it has been submitted on behalf of the petitioner that he will see that he surrenders but there is no delay in the present trial. Considering the explanation of the petitioner with regard to the four cases pending against the him and the fact that on merits he was allowed bail by this court earlier, 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 below to the satisfaction of Special Judge, CBI, North Bihar, Patna, in connection with R. C. No.22(A)/2006 corresponding to Special Case No. 19 of 2006/ 37 of 2011, 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. The bailors will undertake to furnish information to the court about any change in the address of the petitioner, (ii) 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 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, and (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 3 liable to be cancelled. Namita (Anjana Prakash, J.)