IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.36866 of 2011 Shyam Mahto, Son of Late Basudeo Mahto, Resident of Village-Chhoti Pahari, Police Station-Agamkuan, District-Patna. …..Petitioner. Versus The State of Bihar …..Opposite Party. For the Petitioner : Mr. Ashok Kumar, Advocate. For the State : APP. ---------------------------------- 02/ 09.11.2011 Heard learned Counsel for the petitioner and learned Counsel for the State. The petitioner seeks bail in a case instituted for offence under Section 302 and some other Sections of the Indian Penal Code. Submission is that there is a case and counter case and there is no specific allegation against the petitioner. The petitioner is a man of fair antecedent. Under identical circumstances Santosh Mahto has been admitted to bail on 19.10.2011 in Cr. Misc. No. 34457 of 2011. Considering the facts and circumstances of the case, the above named petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate/court concerned, Patna City, Patna 2 in connection with Agamkuan P.S. Case No. 67 of 2011 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 bailors will undertake to furnish information to the court about any change in the 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 bailors shall also state on affidavit that they 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, (iv) That the petitioner will give an undertaking that he will receive the police papers on the given date and 3 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 (V) 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. kksinha/- (Shyam Kishore Sharma, J.)