IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8663 of 2010 ASHOK KUMAR DOM @ ASHOK RAM @ ASHOK KUMAR SON OF LATE RAM SWARUP RAM Versus THE STATE OF BIHAR ----------- 2. 23.3.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 324, 307, 353, 457, 380, 511/34 of the Indian Penal Code and 25A(1-B), 26, 27, 35 of the Arms Act. Taking into consideration the fact that the petitioner’s name was disclosed by the co-accused, who was arrested at the spot, but there has been no recovery from his possession and it has been submitted that there is only one other case pending against him, let the petitioner above named, who is in custody since 19.1.2010, 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 Chief Judicial Magistrate, Patna in Gandhi Maidan P.S.case No.351 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 giving 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 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 - 2 - 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 and (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. The Magistrate concerned before releasing the petitioner on bail will verify the fact that the petitioner is an accused in only one other case and if it is found to the contrary, the petitioner will not be released on bail. Narendra/ ( Anjana Prakash, J. )