IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41810 of 2009 DWARIKA PRASAD Versus STATE OF BIHAR ----------- 2/ 24-11-2009 Heard both the parties. The petitioner seeks bail in a case institution under section 120(B)/34 and other allied sections of the Penal Code. Taking into consideration the fact that the petitioner was initially refused bail on 12.08.2009 on the ground that co-accused Shashi Kant Jyoti has been refused bail by this Court but subsequently co-accused Bhagwan Prasad has been released on bail vide Cr. Misc. No. 37243 of 2009 by an order dated 03.11.2009 , let the above named petitioner who is in custody since 07.01.2009 be released on bail on furnishing bail bonds of Rs. 5,000/- ( Five thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Deep Nagar P.S. Case No. 06 of 2009 on the conditions : (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner, (ii) That the affidavit shall clearly state that the petitioner is not an accused in any other - 2 - 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, (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. ( Anjana Prakash, J ) BTiwary/