IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36283 of 2009 SUSHIL KUMAR MAHTO @ Kari Mahto, Son of Basudev Mahto, resident of Village- Firatpur, P.S.- Bhagwanpur, District-Begusarai. ----------Petitioner. Versus The State of Bihar.....................................................Opposite Party. ----------- 03. 23.11.2009. Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 147, 148, 149, 341 and 307 of the Indian Penal Code. It has been submitted that the informant and his brother were being enquired into for allegations of misappropriation in ‘Indira Awas Yojna’ which were for some poor persons and in that transactions the present occurrence is said to have taken place. The submission is that from the facts of the case, it does not appear to be a case under Section 307 of the Indian Penal Code and the informant even though has sustained grievous injury is an accused in many cases. Taking into consideration the aforementioned facts as also the fact that the petitioner has no criminal antecedents of similar nature of offence, let the petitioner above named, who is in custody since 31.07.2009, 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 the Chief Judicial 2 Magistrate, Begusarai in connection with Bhagwanpur P.S. Case No. 113 of 2009, subject to 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 and (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. U.K. (Anjana Prakash,J)