IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.43340 of 2009 KARU PASWAN son of Sri Krishna Paswan @ Kishundeo Paswan Versus STATE OF BIHAR ----------- 2/ 03.12.2009 Heard learned counsel for the petitioner and the State. By order dated 17.9.2009 passed in Cr. Misc. No.33336 of 2009, the petitioner had been granted bail on the submission that the petitioner has no criminal antecedent and the bailor was to swear to this effect in the court below but since the petitioner had a case of Excise Act pending against him, he could not do so and, therefore, was not released on bail. In view of the submission that the petitioner is an accused in a case of Excise Act only, 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 to the satisfaction of the Sub- Divisional Judicial Magistrate, Sherghati, Gaya, in connection with Sherghati (Dobhi) P.S. case no.80 of 2009, 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 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 for cancellation of bail on the ground of misuse, and (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 - 2 - 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. JA/- (Anjana Prakash, J.)