IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4332 of 2010 VIJAY KUMAR MANDAL SON OF LATE NAGENDRA NATH MANDAL Versus STATE OF BIHAR ----------- 2. 16.2.2010 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 120B, 181, 193, 420, 468, 471 and 411 of the Indian Penal Code. It has been submitted that while the petitioner was in jail custody, a bail application was filed without stating in paragraph 2 that a bail application on his behalf had been filed earlier in the High Court. On the directions of this Court, a first information report was instituted against a number of persons including the petitioner, who happened to be still in jail custody. Evidently the petitioner had no hand in the statement given in paragraph 2 and he was not the person, who had sworn affidavit and at best it would be a case of conspiracy against the present petitioner. Under the circumstances, let the petitioner above named, who is in custody since April, 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 Sri Ramayan Ram, Judicial Magistrate 7th, Patna in Kotwali P.S.case No.261 of 2008, 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 - 2 - as to how he is related with 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 of bail and (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. Narendra/ ( Anjana Prakash, J. )