IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.23885 of 2010 RAHUL KUMAR son of Late Shankar Sah Versus STATE OF BIHAR ----------- 2/ 19.07.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 379, 411, 413/34 of the Indian Penal Code. It has been submitted that after the alleged train robbery when the accused persons were feeing away they were chased in which the petitioner was arrested and he disclosed his complicity as also the complicity of other co-accused persons. However, considering that the petitioner is in custody since 16.9.2007, and from the impugned order it appears that till date only one witness has been examined and the petitioner has no antecedent, as submitted, 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 to the satisfaction of the 2nd Additional Sessions Judge, Khagaria, in connection with Sessions Trial No. 213 of 2008, 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 the other bailor shall be the brother of the petitioner. The bailor will undertake to furnish information to the court about any change in the address of the petitioner, (ii) That the affidavit shall clearly state that the petitioner is not 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 - 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, (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. JA/- (Anjana Prakash, J.)