IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26475 of 2010 JAICHAND TIWARY @ TAMPU TIWARY S/O RAM NARAYAN TIWARY Versus THE STATE OF BIHAR ----------- 3. 21.09.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 394 of the Indian Penal Code. It has been pointed out that the present fard bayan was instituted on 3.4.2010 at 12 noon about the occurrence which took place around 11 a.m. On 5.4.2010 the petitioner was remanded to custody in the present case on the ground that from the possession of the petitioner the motor vehicle used in the robbery was recovered and he was arrested while he was fleeing away committing the occurrence. It has been submitted that had the petitioner been arrested while fleeing away he would not have been remanded to custody two days later on 5.4.2010 and in case diary there is no mention of recovery of the motor vehicle. Under the circumstances even the Test Identification Parade held in regard to the petitioner 2 has no meaning. Further submission is that the petitioner has fair antecedent which fact will be verified by the Magistrate before releasing the petitioner on bail. Considering the above 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 or any other surety to be fixed by the court concerned to the satisfaction of learned Chief Judicial Magistrate, Rohtas in connection with Bikramganj P.S. Case No. 56/2010, subject to the conditions, (i) That one of the bailor will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner and the other bailor shall be the father of the petitioner. The bailor will undertake to furnish information to the Court about any change in address of 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, (iii) 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 3 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 ground of misuse, (iv) 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, (v) That the petitioner will be well represented on each date if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. Let this order to be communicated to the S.P. Rohtas for proper action against the investigating officer. Fahad. ( Anjana Prakash, J. )