IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36018 of 2010 MD.SHAKEEL HASSAN @ MD.SHAKEEL @ TUFAIL @ MD.TUFAIRAM S/O MD. SAGIR Versus STATE OF BIHAR ----------- 2. 02.02.2011 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 363, 379, 120-B/34 of the Indian Penal Code. The petitioner was refused bail by an order dated 4.1.2010 but renewed his prayer for bail on the ground that the petitioner is in custody since 2.4.2009 and has no criminal antecedents and the charges has already been framed. It appears that during investigation the only material that has transpired against the petitioner is that one bottle of ether was recovered from his house, which showed his complicity in the matter. Considering the same, 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 or any other surety to be fixed by the court concerned to the satisfaction of learned Judicial Magistrate Railway, Samastipur in connection with Darbhanga Rail Police (GRP) Station Case No. 28/2009, subject to the conditions, (i) That one of the bailor 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 the other bailor shall be the elder brother namely Sadir Khan. The bailor will undertake to furnish information to the Court about any change in 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 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 ground of misuse, (iv) That the petitioner will be well represented on each date if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. Fahad. ( Anjana Prakash, J. )