IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46702 of 2009 KAMLESHWAR BAITHA, S/o Jagu Baitha. Versus THE STATE OF BIHAR ----------- 02. 14.01.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 147, 341, 323, 325 and 307 of the Indian Penal Code and Section 17 of the Criminal Law Amendment Act. Taking into consideration the fact that there is no specific over act against the petitioner and he is in custody since 13.06.2006, 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 to the satisfaction of Chief Judicial Magistrate, Kaimur at Bhabua in connection with Adhaura P.S. Case No. 2 of 2003 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 and one of the bailors shall be local since the petitioner belongs to Jharkhand. (ii) That the - 2 - 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, his bail will be liable to be cancelled for reasons of misuse. Vikash/- (Anjana Prakash, J.)