IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13135 of 2010 GHUTAN RAI @ RAJ NATH RAI SON OF LATE NAND LAL RAI Versus STATE OF BIHAR ----------- 2. 09/04/2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 395 and 412 of the Indian Penal Code. The petitioner was refused bail earlier by an order dated 19.11.2009 considering that the petitioner was identified by four witnesses. During trial three out of the four said witnesses did not identify the present petitioner and so far as the witness namely, Arun Sharma is concerned, his evidence was not taken by the trial court as submitted in the supplementary affidavit filed in Cr. Misc. No. 9710 of 2010 arising out of the same case. In view of such, let the petitioner above named, who is in custody since 28.6.2008, 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 A.D.J. XII, Patna, in Sessions Trial No. 2580 of 2008 arising out of Parsa Bazar P.S.Case No. 81 of 2008 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. (ii)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 nature after his release in the present - 2 - 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 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. In view of the antecedents of the petitioner, the petitioner is directed to appear before the Superintendent of Police, Patna, within fifteen days of his release with a copy of this order and thereafter every two weeks for the next nine months. The conduct of the petitioner will be kept under watch in this period by the Superintendent of Police concerned and if it is found wanting in any respect, a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the Superintendent of Police, a certificate will be filed by the petitioner before the court concerned. S.Ali (Anjana Prakash, J.)