IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40917 of 2010 KISHORI MANDAL SON OF LATE SHIBAL MANDAL, RESIDENT OF VILLAGE BALU TOLA, MAUZA GOBRAHI, 85 DIYARA, P.S. KURSELA, DISTRICT- KATIHAR Versus STATE OF BIHAR ----------- 2 21.12.2010 Heard learned counsel for the petitioner, the State and the informant. The offence alleged is under Sections 447, 341, 323, 307, 302, 504/34 of the Indian Penal Code. It is submitted that the co-accused Bishandeo Mandal having virtually similar allegations has been allowed bail by this Court as per order dated 28.10.2010 passed in Cr. Misc. No. 36524 of 2010. It is submitted that petitioner’s case stand on similar footing and the petitioner has no criminal antecedent. Considering the facts and circumstances of the case, it is directed that let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Katihar, in connection with Kursela P.S. Case No. 28 of 2010 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. 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 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 delay 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 if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. Manish/- ( Shailesh Kumar Sinha,J.)