IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30932 of 2009 MD. SAHAB SON OF MD. ASALAM @ KALIYA, RESIDENT OF VILLAGE PURABSARAY, POLICE STATION KOTWALI, DISTRICT MUNGER … PETITIONER Versus STATE OF BIHAR ----------- 3. 26.10.2009 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 and 27 of the Arms Act. It has been submitted that the petitioner is not named in the first information report and subsequently his name transpired in the confessional statement of the co- accused Aftab in paragraph 35 of the case diary and thereafter two witnesses were examined in paragraphs 54 and 55 of the case diary stating therein that they had seen the petitioner fleeing away from the place of occurrence. The explanation for which is that the same has been concocted by the police after the confessional statement of the co-accused. Taking into consideration the aforementioned submissions, let the petitioner above named, who is in custody since 22.7.2009 and is not an accused in any other case apart from Kotwali P.S.case No.160 of 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 - 2 - satisfaction of Chief Judicial Magistrate, Munger in Kotwali P.S.case No.164 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 and (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. Narendra/ ( Anjana Prakash, J. )