IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26909 of 2011 Bhuta Sahani @ Yogendra Sahani, son of Ram Balak Sahani Versus The State Of Bihar ----------- 2. 18.08.2011 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 341, 323, 326, 307, 34 and 379 of the Indian Penal Code. The allegation in the First Information Report is that the co-accused persons cut the penis of the Informant. It has been submitted that the same was done on retaliation since the Informant had committed unnatural offence with a young boy. Considering the aforesaid as also that Ragho Singh co-accused similarly placed has been granted bail by this Court by an order dated 12.1.2010 passed in Cr. Misc. 46533 of 2009, 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 Chief Judicial Magistrate, Saran at Chapra, in connection with Sonepur P.S. Case No. 117 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 2 related with the petitioner. The bailor will undertake to furnish information to the court about any change in the 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. (iv)That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. The Magistrate concerned is directed to immediately commit the case to the Court of Sessions so that the petitioner’s trial can be amalgamated with that of Ragho Singh. The fact that the petitioner is an accused in only one other case presently will be verified by the Magistrate before releasing the petitioner on bail. S.Ali ( Anjana Prakash, J.)