IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11647 of 2010 MD. FIROZ SON OF MD. SATTAR Versus THE STATE OF BIHAR ----------- 4. 18.5.2010 Supplementary affidavit filed today be kept on the record. Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 457 and 380 of the Indian Penal Code. By an order dated 13.10.2009 vide Cr.Misc.No. 34573 of 2009 the petitioner was directed to be released on bail on condition that he would file an affidavit that he is not an accused in any other case. However, the petitioner was an accused in one other case bearing Sessions Trial No.413 of 2008 arising out of Bettiah Town P.S.case No.150 of 2008 instituted for the offences u/s.307 and other allied Sections of the I.P.C. and, therefore, could not file the affidavit as required. Considering that the merits of the case have already been evaluated by this Court, upon which the petitioner has been granted bail and the pendency of the other case does not interfere with the merits of the present case, let the petitioner above named, who is in custody since 4.6.2009, 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 Chief Judicial Magistrate, Bettiah, West Champaran in Bettiah Town P.S.case No.140 of 2009, subject to the conditions (i) That one of the bailors - 2 - will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will undertake to furnish information to the court about any change in the 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 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. Narendra/ ( Anjana Prakash, J. )