IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.46279 of 2009 MAHANT LAL MARANDI, son of late Borka Marandi Versus STATE OF BIHAR ----------- 3/ 04.03.2010 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, 452, 380, 436, 427, 323, 364 and 379 of the Indian Penal Code. It has been submitted that there is allegation against twenty one named accused and ten unknown persons that they entered into the house, variously assaulted the informant and others and committed theft. It was suspected by the informant that Etwar Hansda and Majje Tudu, were taken away by the accused persons in this transaction. However, in the case diary, there is no positive material about the kidnapping of these two persons and there is general allegation of assault against all the accused persons in the transaction of assault. Taking into consideration the aforementioned fact as also the fact that the petitioner has no criminal antecedent, 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 to the satisfaction of Sri V. P. Singh, Judicial Magistrate, 1st class, Katihar, in connection with Korha P.S. case no.23 of 1999, subject to the 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, (ii) that the affidavit shall clearly state that - 2 - the petitioner is not an accused in any other case and, if he is, he shall not be released on bail, (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. JA/- (Anjana Prakash, J.)