IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.961 of 2010 ASHOK KUMAR MUKHIYA SON OF RAMANAND MUKHIYA Versus THE STATE OF BIHAR ----------- 2. 21/01/2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 395 of the Indian Penal Code. Taking into consideration the fact that the petitioner is not named in the First Information Report and was subsequently implicated on account of suspicion and thereafter his own confessional statement, let the petitioner above named, who is in custody since 28.3.2009, 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 Railway Judicial Magistrate, Katihar, in connection with Katihar (Jogbani) Rail P.S. Case No. 40 of 2007 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 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 2 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. In the impugned order, it has been mentioned that the petitioner has 15 cases against him but, he, on affidavit before this Court, has stated that he has no criminal case pending against him at present and even Araria P.S. Case No. 147 of 2007 in which he was an accused, has ended in his acquittal. This fact will be verified by the court below before releasing the petitioner on bail. S.Ali (Anjana Prakash, J.)