IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45007 of 2009 BELCHHIBA @ MD.AKRAM son of Md.Alam Versus STATE OF BIHAR 2. 24.12.2009. Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 379/34 of the Indian Penal Code. Taking into consideration the fact that the petitioner is named in the first information report on the confessional statement of co-accused, who was caught at the spot and there is only one another case pending against him, let the petitioner above named who is in custody since 12.10.2009 be released on bail on furnishing bail bond of Rs. 5,000/- with two sureties of the like amount each to the satisfaction of Sri S.D.Duivedi, Railway Judicial Magistrate, Kiul in connection with Jamalpur Rail P.S. Case No.40 of 2001, G.R. Case No.100 of 2001 subject to the following conditions: (a) 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, (b) 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 a proceeding for cancellation of bail on the ground of misuse. (c) that the petitioner will give an undertaking that he will receive the police papers on the given date and be present on the date - 2 - 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. (d) 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 accused only in one another case and if it is found to be not correct he shall not be released on bail. Md. (Anjana Prakash,J.)