IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36947 of 2009 VIJAY SAHANI SON OF HARI SAHANI, RESIDENT OF VILLAGE MAHUAWA, P.S. DHAKA, DISTRICT EAST CHAMPARAN … PETITIONER Versus THE STATE OF BIHAR ----------- 2. 30.10.2009 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 364 of the Indian Penal Code. Taking into consideration the fact that the petitioner is not named in the first information report and he was named only on the confessional statement of the co- accused, who stated that the petitioner had been involved along with him in various other cases but the assertion is that the petitioner has not been remanded in any other case and there is no other case pending against the petitioner, let the petitioner above named, who is in custody since 4.7.2009, 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 Sri Manoj Kumar, J.M. Ist class, Motihari, East Champaran in connection with Trial No.1602 of 2009 arising out of Dhaka P.S.case No.34 of 2002, 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, (ii) that the petitioner will give an undertaking that he will receive the police papers on the - 2 - 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, (iii) 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 and (iv) it has been submitted that the petitioner has no criminal antecedent and so the affidavit shall clearly state about the antecedent of the petitioner and it will be open to the court concerned to call for a report about the antecedent of the petitioner from the Superintendent of Police and in case it is found to be contrary the court below shall initiate a proceeding against the person who has sworn affidavit in the present bail application. Narendra/ ( Anjana Prakash, J. )