IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21422 of 2010 CHANDRIKA SAH, SON OF LATE BACHCHU SAH Versus THE STATE OF BIHAR ----------- 2. 30.06.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 379 and 411 of the Indian Penal Code. It has been submitted that the petitioner is not named in the First Information Report and subsequently, even though the complicity of the petitioner arose in the confessional statement of the co-accused but no recovery was made from his possession nor has even been put on Test Identification Parade. In view of such, let the petitioner above named, who is in custody since 29.11.2008 and apart from one other case pending against him, 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 A.K. Rai, Judicial Magistrate, 1st Class, Motihari, in Chakia P.S. Case No. 166 of 2008 Trial No. 1618 of 2010 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 information to the court about any change in address of the petitioner. (ii)That the bailor shall also state on affidavit that he 2 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. S.Ali ( Anjana Prakash, J.)