IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.44741 of 2009 BONGI LAIYA, son of late Mazadi Laiya Versus STATE OF BIHAR ----------- 3/ 05.04.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 364, 302 and 201/34 of the Indian Penal Code. The petitioner is one of the persons named in the First Information Report that he with others was found in a drunken stage upon which he and two others were caught. Co-accused Ayub is said to have given exculpatory statement in which the role allotted to the petitioner is that he was sent to fetch other co-accused persons. There is no further material against the petitioner. In view of such and also that the petitioner has no criminal antecedent, 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 to the satisfaction of Sri A. K. Srivastava, A.D.J. F.T.C., Banka, in connection with S. Tr. No.435 of 2009/ Tr. No.251 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 affidavit shall clearly state that the petitioner is not accused in any other 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 - 2 - of bail on the ground 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 case diary received in the present case may be retained in Cr. Misc. No.11373 of 2010 till the disposal of that case. JA/- (Anjana Prakash, J.)