IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46327 of 2009 SURESH MISTRI @ SURESH SHARMA S/O LATE BAKHORI MISTRI Versus STATE OF BIHAR ----------- 3. 29.1.2010 Heard learned Counsel for the petitioner, the State and the informant. The petitioner seeks bail in a case instituted for the offence under Sections 323, 324, 504/34 and 307 of the Indian Penal Code. It has been submitted that initially the case was instituted for the offences u/ss.323, 324 and 504/34 I.P.C. on account of which the petitioner was granted bail by the court below and subsequently charge sheet was submitted u/s.307 I.P.C. and, therefore, the petitioner was remanded in the present case, even though in the intervening period there is no allegation of any misuse of bail. So let the petitioner above named, who is in custody since 19.9.2009, 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 Upendra Kumar, Judicial Magistrate, Ist class, Aurangabad in Jamhore P.S.case No.37 of 2008 (G.R.No.866 of 2008 Tr.No.1881 of 2009), subject to the conditions (i) that one of the bailors will be a close relative of the petitioner who will give an affidavit genealogy 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 - 2 - 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. )