IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.45923 of 2009 AJAY MANDAL, S/O SHIVAJI MANDAL, R/O RAMAUL, P.S. HATHAURI, DISTRICT SAMATIPUR .. Petitioner Versus STATE OF BIHAR .. Opposite Party **** /2/ 08.01.2010 Heard both the sides. 2. The petitioner seeks bail in a case instituted under Sections 147, 452, 341, 323, 307, 380, 427, 504 and 354 of the Indian Penal Code. 3. Taking into consideration the fact that even the female members of the family of the present petitioner were made accused in the case instituted by the neighbour of the petitioner and there is no specific overt act against him, let the petitioner, above named, who has only one other case peneing case and is in custody since 13.08.2009 be released on bail on furnishing bail bond of Rs.5,000/- (rupees five thousand) with two sureties of the like amount each in connection with Hathauri P.S. Case No. 48 of 2009 to the satisfaction of the Additional Chief Judicial Magistrate, Rosera, Samastipur, on the conditions (i) that one of the bailors will be a close relative of the petitioner who will give an affidavit giving 2 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 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 then his bail will be liable to be cancelled for reasons of misuse. 4. The Magistrate before releasing the petitioner will verify for himself that the petitioner is an accused in only one other case besides the present one. S.A. (Anjana Prakash, J.)