IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37429 of 2010 DHURAN PASWAN, SON OF SRI GURUCHARAN PASWAN Versus STATE OF BIHAR ----------- 4. 30.03.2011 Heard learned counsels for the petitioner and the State. The petitioner was refused bail by an order dated 11.2.2010 on merits since there was no specific overt act alleged against him and the occurrence arose out of land dispute between the parties. However, the petitioner was required to give an affidavit that he is not an accused in any other case but since the petitioner was an accused in two other cases such an affidavit could not be filed and, therefore, he continued to remain in custody. Considering that the petitioner on merits was entitled to a bail and the two cases which are pending against him do not materially affect the merits of the case, 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 Additional Chief Judicial Magistrate, Barh, in Ghoswari P.S. Case No. 28 of 2007 subject to the following 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 and the other shall be the elder brother of the petitioner namely Akhilesh Paswan. The 2 bailor will undertake to furnish information to the Court about any change in 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 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. (iv)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. A sum of ` 500/- shall be deposited in the District Legal Aid Committee on behalf of the petitioner before he is released on bail. S.Ali ( Anjana Prakash, J.)