IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 36138 of 2011 1. Chote Lal Yadav @ Chhotelal Yadav, S/o Kusho Yadav, R/o Vill.-Amarpur, P.S.-Bihpur, Dist.- Bhagalpur. Versus 1. The State of Bihar -------------- 02. 23.11.2011 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Section 363/34 of the Indian Penal Code. The petitioner was refused bail by order dated 16.03.2011 but with liberty to renew his prayer for bail after framing of charge without bifurcation of his case. It has been submitted that there were four accused persons out of which three have been convicted and the petitioner is left for trial and the charge has been framed against him. Considering the same, 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 Additional Chief Judicial Magistrate, Naugachia in connection with Bihpur P.S. Case No. 86 of 2004 (G.R. No. 309A/94) subject to the following conditions:- (i) That one of the bailors will be a close 2 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 nephew of the petitioner namely Anay Kumar. 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 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. Vikash/- (Anjana Prakash, J.)