IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42443 of 2010 SHEKH MAQBUL, SON OF SHEKH JAJU Versus THE STATE OF BIHAR ----------- 4. 27.4.2011 Heard learned counsel for the petitioner and the State. The petitioner was refused bail by an order dated 21.4.2010 passed in Cr. Misc. 12221 of 2010 since he was arrested at the spot with stolen artcles. Considering that the petitioner is in custody since 31.8.2009 and no witness is turned up during the trial as per the report of the Magistrate, let the petitioner above named who has fair antecedents, 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 concerned to the satisfaction of Chief Judicial Magistrate, Muzaffarpur, in Town (Muzaffarpur) P.S. Case No. 416 of 2009 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. The bailor will undertake to furnish information to the Court about any change in address of the petitioner. (ii)That the affidavit shall clearly state that the petitioner is not an 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 2 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 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. The fact that the petitioner has clean antecedent will be verified by the Magistrate before releasing the petitioner on bail. S.Ali ( Anjana Prakash, J.)