IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39747 of 2009 MD.SAGHIR, Son of Late Liyaqat, resident of Village- Chharrapatti, Police Station- Bhargama, District- Araria............................Petitioner. Versus THE STATE OF BIHAR.......................................Opposite Party. ----------- 02. 23.11.2009. Heard learned counsel for the petitioner and counsel appearing for the State. The petitioner seeks bail in a case instituted under Sections 386 and 364 of the Indian Penal Code. Taking into consideration the fact that the allegation is based on a complaint case and there is no specific overt act against the petitioner, let the petitioner above named, who is in jail custody since 12.08.2009 and has no criminal antecedents, 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 C. J. M., Araria, in connection with Complaint Case No. C326 of 2007, 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 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 the 2 ground of misuse and (iv) that the petitioner will given 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)