IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10728 of 2010 RAJESH CHOURASIYA, SON OF LATE UTTAM CHOURASIYA. Versus STATE OF BIHAR ----------- 2. 13/04/2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 328, 379, 401, 307 of the Indian Penal Code and Sections 20/22 of the N.D.P.S. Act. The Informant has stated that he was administered some intoxicated article due to which he lost his consciousness and found himself in the G.R.P. at Barauni Railway Station. It is further alleged that the petitioner was caught by the police personnels and the Informant identified the petitioner as being one of the miscreants from whose possession a Mobile and some Ativan Tablets were recovered. The submission is that the entire story appears to be totally false and it is not believable that even after such a long time the petitioner was still in a possession of the articles. Moreover, the identification of the petitioner under the circumstances is not as per law. In view of such and also that the petitioner has no criminal antecedents, let the petitioner above named, who 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 Sessions Judge, Khagaria, in Rail Town Bihpur G.R.P. P.S. Case No. 33 of 2009 subject to the - 2 - 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 and the other shall be local since the petitioner belongs to Begusarai whereas the case is going on at Khagaria. 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 the ground 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. S.Ali (Anjana Prakash, J.)