IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33476 of 2011 Mushru Mandal @ Mushahru Mandal S/o Sodagar Mandal Versus The State Of Bihar ----------- 2. 14.10.2011 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 144, 149 and 364 of the Indian Penal Code. Considering that there is no specific overt act alleged against the petitioner, who is in custody since 22.11.2008 and the case diary has been destroyed on account of floods, 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 to be fixed by the court concerned to the satisfaction of learned Additional District Judge 2nd, Naugachhia in connection with Kharik P.S. Case No.24 of 1982 (Sessions Trial No.630 of 2005), subject to the conditions (i) That one of the bailors shall be the son 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 address of the petitioner. (ii) That the affidavit shall clearly state that the petitioner is not an accused in any other case and if he is he shall not be - 2 - 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 ground of misuse, (iv) That the petitioner will be well represented on each date if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. The Trial Court is directed to make efforts to reconstruct the records so that the trial can be concluded at the earliest. Narendra/ ( Anjana Prakash, J. )