IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16425 of 2010 RAJESH PATHAK, S/o Vidyanand Pathak @ Udyanand Pathak. Versus THE STATE OF BIHAR. ----------- 04. 30.06.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Section 394 of the Indian Penal Code and later on Section 411 of the Indian Penal Code was added. The petitioner was refused bail by order dated 17.12.2009 vide Cr. Misc. No. 34830 of 2009. It has been submitted that the petitioner was arrested on the very same day with arms for which another case was instituted but surprisingly in the present case he was not put on Test Identification Parade, even though he was remanded in the present case. It has further been submitted that the petitioner apart from the present case and the case instituted for arms is an accused in one other case of dacoity but the petitioner’s father undertakes responsibility of the petitioner’s conduct after his release from jail custody. In view of such, let the petitioner, above 2 named who is in custody since 09.05.2009 be released on bail on furnishing bail bond of Rs. 5,000/- (Five Thousand) with three sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Purnea in connection with Sadar P.S. Case No. 172 of 2009 (G.R. Case No. 1030 of 2009) 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 other bailor shall be the father/son of the petitioner and the third bailor shall be local since the petitioner belongs to Araria. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner. (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 3 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. Vikash/- (Anjana Prakash, J.)