IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16953 of 2010 BADRUDDIN SHEIKH @ BADRUDDIN SON OF MANZOOR SHEIKH Versus STATE OF BIHAR ----------- 2. 18.5.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 489A, 489B, 489C/34 of the Indian Penal Code and 22, 23 of the N.D.P.S. Act. The petitioner was refused bail by an order dated 28.10.2009 vide Cr.Misc.No.30536 of 2009 with liberty to renew his prayer for bail after six months with specific assertion about his antecedent. Considering that the petitioner has completed stipulated period and there is an assertion in paragraph 5 of the petition that the petitioner has clean antecedents, let the petitioner above named, who is in custody since 11.6.2009, 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 Special Judge, Kishanganj in Special Case No.9 of 2009 arising out of Kishanganj P.S.case No.155 of 2009, subject to the conditions (i) That one of the bailors shall be the father of the petitioner and the other bailor will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will undertake to furnish information to the court about any change in the address of the petition, (ii) that the affidavit shall clearly state that the petitioner is not an accused in - 2 - 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 and (iv) 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. The fact that the petitioner has no criminal antecedents will be verified by the Magistrate concerned before releasing the petitioner on bail. Narendra/ ( Anjana Prakash, J. )