IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.41515 of 2009 RAMESHWAR YADAV @ RAM ESHWAR PAHALWAN, S/O CHANDESHWAR YADAV @ NASIR YADAV Versus STATE OF BIHAR **** /4/ 03.03.2010 Heard the counsel for the petitioner, the State and the informant. 2. The petitioner seeks bail in a case instituted under Sections 406 and 420/34 of the Indian Penal Code. 3. On 24.12.2009 the petitioner was directed to be released on provisional bail for a period of two months in case the informant showed proof of the fact before the Court below that he had paid money to the present petitioner through cheque. The case has come up after expiry of two months and even today the informant is unable to produce any documentary proof to show that he had paid money to the present petitioner through cheque. 4. Under the circumstances the provisional bail granted to the petitioner by an order, dated 24.12.2009, is confirmed on 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 2 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 and (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 then his bail will be liable to be cancelled for reasons of misuse. S.A. (Anjana Prakash, J.)