IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6518 of 2010 DIMAL CHOUDHARY, SON OF DINANATH CHOUDHARY Versus STATE OF BIHAR ----------- 3. 08/04/2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 147, 148, 149, 341, 323, 307, 353, 224, 225, 333 and 427 of the Indian Penal Code. When the petitioner’s father Dinanath Choudhary was arrested by the police because of a complaint against him and other family members under Section 498A, the villagers protested at the arrest and variously assaulted the Police Personnel. The submission is that the petitioner was not present there and having been there he would have been arrested by the Police Personnel since there was warrant against him under Section 498A. The further submission is that in fact the area is Naxalite prone and in fact the assault had been made on the mistaken belief that the said Dinanath Choudhary was being taken away by the Naxalites. In view of such and also that the petitioner is not an accused in any other case of similar nature, let the petitioner above named, who is in custody since 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 Chief Judicial Magistrate, Buxar, in Simri P.S. Case No. 141 of 2009 subject to the following conditions: (i)That one of the bailors will - 2 - 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 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. S.Ali (Anjana Prakash, J.)