IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35226 of 2010 MD.SARUN Versus STATE OF BIHAR ----------- 2. 12.10.2010. Heard learned counsel appearing on behalf of the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody in connection with Kesariya P.S.Case No.157 of 2008 for the offences punishable under sections 365, 302, 201/34 of the Indian Penal Code. Taking into consideration that the involvement of the petitioner is on the basis of mere suspicion by reason of recovery of a mobile phone and that in similar circumstances, several other accused, namely, Sanjay Kumar Sah in Cr.Misc.No.38123 of 2009, and Raj Kumar Kushwaha in Cr.Misc.No.21451 of 2009 have been granted bail by this Court, let the petitioner Md. Sarun be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, East Champaran at Motihari in connection with Kesariya P.S.Case No.157 of 2008, subject to the following conditions: 2 (a) That one of the bailors will be a close relative of the petitioner who will file an affidavit giving his genealogy as to how he is related to the petitioner, (b) 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 (c) that the petitioner will give undertaking that he will receive the police papers on the given date and will not delay the trial in any manner, (d) that the petitioner will be well represented on each and every date fixed in the case and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled for reasons of misuse ahk (Jyoti Saran, J)