IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35305 of 2009 MD.NASIM @ MUNNA SON OF MAJID, RESIDENT OF VILLAGE USARI BAZAR, P.S. MEHENDIYA, DISTRICT ARWAL …. PETITIONER Versus THE STATE OF BIHAR ----------- 2. 14.10.2009 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. Taking into consideration the fact that the petitioner is not named in the first information report nor has any recovery been effected from his possession and his name transpired only on the confessional statement of the co-accused, let the petitioner above named, who is in custody since 28.2.2009 and has no criminal antecedent, 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 C.J.M., Jehanabad in Shakurabad P.S.case No.79 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, (ii) that the affidavit shall clearly state that the petitioner is not an accused in any other case and if he is, he shall not be released on bail and (iii) that the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is implicated in 2 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. )