IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.6578 of 2010 BINAY KUMAR CHAUDHARY, S/O RAM CHANDRA CHAUDHARY Versus STATE OF BIHAR **** /2/ 09.03.2010 Heard the counsel for the petitioner, the State and the complainant. 2. The petitioner seeks bail in a case instituted under Sections 328 and 379/34 of the Indian Penal Code. 3. The petitioner is not named in the first information report, dated 30.12.2006, which was instituted against unknown persons and during investigation three persons were found to have been involved in the occurrence against whom charge sheet was submitted on 24.03.2007, thereafter, on an anonymous petition an investigation ensued with regard to the petitioner, but, finding no evidence against him the police reported the same to the Court concerned on 07.08.2008. Thereafter, a protest petition was filed on 27.06.2008 implicating the present petitioner upon which the cognizance was taken. 4. In the aforesaid circumstances, let the petitioner, above named, who is in custody since 13.01.2010 be released on bail on furnishing bail bond of Rs.5,000/- (rupees five thousand) with two sureties of the like amount each in 2 connection with Session's Trial No. 601 of 2009 arising out of Complaint Case No. 13(C) of 2008 to the satisfaction of the Additional District and Sessions Judge, IV, Bettiah, West Champaran, 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 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, (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 then 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. 5. The complainant has stated that the petitioner has criminal antecedents so in view of the antecedents of the petitioner, the petitioner is directed to appear before the 3 Superintendent of Police, Bettiah, West Champaran, within fifteen days of his release with a copy of this order and thereafter every two weeks for the next six months. The conduct of the petitioner will be kept under watch in this period by the Superintendent of Police, concerned, and if it is found wanting in any respect, a report shall be made to the Court, concerned, by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the Superintendent of Police, a certificate will be filed by the petitioner before the Court, concerned. S.A. (Anjana Prakash, J.)