IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35331 of 2010 KASHI NATH RAI Versus THE STATE OF BIHAR ----------- 02/ 05.10.2010 Heard learned counsel appearing on behalf of the petitioner and the State. The petitioner is in custody in a case arising from Kotwali P.S. Case No. 351/09 for offence punishable under Sections 467, 468, 469, 471, 414, 420 and 120B of the Indian Penal Code. The petitioner had been granted bail by this Court vide order dated 26.4.2010 passed in Criminal Misc. No. 12584 of 2010 subject to certain conditions as set out in the said order. One of such condition required the petitioner to file an affidavit in support of his statement made at paragraph-8 of the said application that he was not an accused in any other case and in case the statement was not found to be correct the petitioner was not to be released. It so appears that the petitioner indeed was an accused in a case arising from Basantpur P.S. Case No. 32 of 2005 for offence punishable under Sections 414, 467, 468, 471 and 120B of the Indian Penal Code. The petitioner had been granted bail by a Bench of this Court vide order dated 2.9.2005 passed in Criminal Misc. No. 29173 of 2005. By reason of the said circumstances which was not placed in the earlier bail 2 application, the petitioner was not released by the court below leading to filing of another application giving rise to Criminal Misc. No. 26525 of 2010 seeking modification in the order granting bail dated 26.4.2010 passed in Criminal Misc. No. 12584 of 2010. Considering the circumstances, the said modification application was rejected by this Court by order passed on 28.7.2010 with a liberty to the petitioner to renew his prayer after completion of one year in custody. Learned counsel for the petitioner submits that proceeding on the liberty granted by this Court the present application has been filed for the reason that the petitioner has remained in custody since 15.09.2009 and thus has completed one year on 15.9.2010. Considering the circumstances and the submissions of learned counsel, let the petitioner Kashi Nath Rai be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Patna in connection with Kotwali P.S. Case No.351/09 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 Court concerned if the 3 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 the 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 and if he fails to so on two consecutive dates, his bail will be liable to be cancelled. S.Sb/- (Jyoti Saran, J.)