IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21040 of 2011 Tukiya Mahto @ Tuko Mahto S/o Late Mehi Mahto Versus The State Of Bihar ----------- 2. 20.7.2011 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence u/s.342 and 302/34 of the Indian Penal Code. The petitioner was refused bail by an order dated 23.3.2011 vide Cr.Misc.No.6557 of 2011 but was granted the liberty to renew his prayer for bail after framing of charge if his case is not bifurcated for the said purpose. It has been submitted that originally there were three accused in the First Information Report but charge sheet was submitted only against the present petitioner and resultantly he is the sole accused to be charged. Considering the said submission and the fact that the petitioner is in custody since 13.9.2010, 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 learned Additional Sessions Judge 3rd, Begusarai in S.Tr. No.379 of 2011 arising out of Bakhari P.S. case No.117 of 2010, subject to the conditions (i) That one of the bailor will be a close relative of the petitioner who will give an affidavit giving 2 genealogy as to how he is related with the petitioner. 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 ground of misuse, (iv) That the petitioner will be well represented on each date if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. Narendra/ ( Anjana Prakash, J.)