IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.44400 of 2010 RANDHIR BIND @ RADHA BIND son of Shivam Bind @ Shivanandan Bind Versus THE STATE OF BIHAR ----------- 2/ 09.02.2011 Heard learned counsel for the petitioner and the State. The petitioner was allowed bail by order dated 23.08.2010 vide Cr. Misc. No.28392 of 2010, but on condition that an affidavit would be filed on behalf of the petitioner that he has fair antecedents. Since the petitioner was accused in three other cases, such an affidavit could not filed and subsequently he remained in custody. Considering that on merit the petitioner was found fit to be released on bail since the only allegation against him was of having last seen with the deceased, 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 the Chief Judicial Magistrate, Bhagalpur, in connection with Sultanganj P.S. Case No.196 of 2008 arising out of Bhagalpur Rail P.S. Case No.17 of 2008, 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 and another bailor shall be Ashok Bind, brother of 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 2 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 liable to be cancelled. A sum of Rs.750/- shall be deposited on behalf of the petitioner before the District Legal Aid Committee, Bhagalpur, before he is released on bail. JA/- (Anjana Prakash,J.)