IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6139 of 2010 MADAN KUMAR @ GABBA, SON OF LATE RAMDEO PRASAD Versus THE STATE OF BIHAR ----------- 4. 05/05/2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 395 of the Indian Penal Code. The petitioner is not named in the First Information Report and subsequently his name transpired in the confessional statement of the co-accused whereafter the petitioner also gave a confessional statement, upon the basis of which, certain looted articles were recovered and identified by the Informant. However, it appears that the petitioner is in custody since 17.9.2004 and from the report of the trial court, it appears that three accused persons are still absconding. There is no doubt that the impugned order reveals that the petitioner had fled away from jail but fact of the matter is that he is in jail custody since 17.9.2004. In view of such, 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 Additional District and Sessions Judge, F.T.C. IInd, Patna, in Sessions Trial No. 292 of 2000 arising out of Danapur P.S. Case No. 448 of 1998 subject to the following 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 - 2 - information to the Court about any change in address of the petitioner. The identity of the petitioner and his bailors shall be properly verified by the court concerned. (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. (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. (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. S.Ali (Anjana Prakash, J.)