IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.7475 of 2010 1. BALINDRA PRASAD @ BASINDRA PRASAD, S/O PAHWARI PRASAD 2. RAJ KUMAR NONIA @ RAJ KUMAR BHAGAT Versus THE STATE OF BIHAR **** /3/ 04.03.2010 Heard both the sides. 2. On the last occasion the petitioner was refused bail by an order, dated 21.08.2009, passed in Cr. Misc. No. 30387 of 2009 with liberty to renew the same after having remained in custody for one year, but, with specific assertion about his antecedents. The period of custody the petitioner has already completed as required by the earlier order and the assertion that he has no criminal antecedents is also made in the petition, under the circumstances, let the petitioner, above named, who is in custody since 06.02.2009 be released on bail on furnishing bail bond of Rs.5,000/- (rupees five thousand) with two sureties of the like amount each in connection with Muzaffarpur Rail P.S. Case No. 10 of 2009 to the satisfaction of the Railway Judicial Magistrate, Sonepur, Saran, on 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 affidavit shall clearly 2 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 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 (iv) 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 then his bail will be liable to be cancelled for reasons of misuse. S.A. (Anjana Prakash, J.)