IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40667 of 2010 DEEPAK KUMAR @ SONU, S/o Late Pradip Kumar. Versus THE STATE OF BIHAR ----------- 03. 20.04.2011 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Section 392 of the Indian Penal Code. The petitioner was refused bail by order dated 19.04.2010 vide Cr. Misc. No. 11316 of 2010 but was given liberty to renew his prayer for bail in case the trial is unduly delayed. The petitioner has renewed his prayer for bail since he is in custody since 05.01.2010. A report was called for from the trial Magistrate who stated that only one witness has been examined uptill now and the case been committed to the Court of Sessions. Considering the same as also only one other case pending against the petitioner which fact will be verified by the Magistrate before releasing the petitioner on bail, 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 as fixed by the Court to the satisfaction of Judicial Magistrate, 1st Class, Muzaffarpur (or his successor) in 2 connection with G.R. No. 3751 of 2009/Tr. No. 3616 of 2010 arising out of Muzaffarpur P.S. Case No. 544 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 related with the petitioner and the other bailor shall be the mother of the petitioner. The bailor will also undertake to inform the Court if there is 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. Vikash/- (Anjana Prakash, J.)