IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.35345 of 2010 RAJ KUMAR DAS son of Late Dasrath Das Versus THE STATE OF BIHAR ----------- 3/ 09.02.2011 Heard learned counsel for the petitioner and the State. The petitioner was refused bail by order dated 15.02.2010 vide Cr. Misc. No. 42721 of 2009, but it was being rejected for the present. The prayer for bail has been renewed on the ground that the petitioner is not named in the First Information Report nor has he been put on test identification parade and there has been no recovery from his possession and his name transpired during investigation in the confessional statement of the co-accused. Further submission is that till date the case has not been committed to the court of Sessions and a report was called for from the trial court about the stage of trial and as to why till date the case has not been committed to the court of Sessions. From the explanation filed herein, it appears that since the petitioner was not produced from the jail custody, the case could not be committed to the Court of Sessions. Considering that the petitioner is in custody since 6th April, 2009, as well as the merits of the case, 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 below to the satisfaction of the Railway Judicial Magistrate, 1st class, Kiul, in connection 2 with Jamalpur Rail P.S. Case No.02 of 2005, 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 and another bailor shall be Gopal Das, elder brother of the petitioner. The bailors will undertake to furnish information to the court about any change in the address of the petitioner, (ii) That the bailors shall also state on affidavit that they 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, and (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. The Magistrate shall properly verify the documents of the petitioners as well as his bailors so that there is no confusion with regard to their identity or address later on. JA/- ( Anjana Prakash,J.)