IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.10679 of 2010 NITISH KUMAR @ NITESH KUMAR, son of Sri Naresh Singh Versus THE STATE OF BIHAR ----------- 2/ 12.04.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under section 394 of the Indian Penal Code. The petitioner is not named in the First Information Report and subsequently his name was disclosed by co-accused Vicky, who stated that one of the looted mobile was with the present petitioner. However, the same has not been recovered from his possession nor has the petitioner been put on test identification parade. In view of such and also that the petitioner is not accused in any other case of section 394 Indian Penal Code and under the Arms Act, 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 the Chief Judicial Magistrate, Begusarai, in connection with Barauni (Garhara) P.S. case no.309 of 2008, 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. 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 - 2 - 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. The fact that the petitioner is not accused in any other case of robbery, dacoity or Arms Act will be verified by the Magistrate before releasing the petitioner on bail. JA/- (Anjana Prakash, J.)