IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12074 of 2010 SHAILESH KUMAR, SON OF BIJENDRA SINGH Versus THE STATE OF BIHAR ----------- 3. 21.06.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 379 and 411 of the Indian Penal Code. By an order dated 19.8.2009, the petitioner was admitted to bail on the statement that the petitioner has clean antecedents which verification was to be made by the Magistrate concerned. However, it transpired that the petitioner is an accused in one other case i.e. Ara Nawada P.S. Case No. 36 of 2009, and, therefore, could not be released on bail in pursuance to the order dated 19.8.2009. However, considering that the petitioner is in custody since 27.4.2009 and this matter was ordered to be listed on 17.5.2010 obviously with an intent to grant bail to the petitioner on such date, 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 Sri K. Madhwendra, Judicial Magistrate, 1st Class, Bhojpur at Ara, in Ara Nawada P.S. Case No. 133 of 2009 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 bailor will undertake to furnish information to 2 the court about any change in address of 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. (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. S.Ali ( Anjana Prakash, J.)