IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10470 of 2010 MANTOO SINGH @ JITENDRA NARAYAN SINGH, SON OF PRABHOO NARAYAN SINGH Versus STATE OF BIHAR ----------- 2. 12/04/2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 364(A) of the Indian Penal Code. The petitioner is not named in the First Information Report and subsequently, he was implicated on the basis of the confessional statement of co-accused Kamlesh Singh. However, Annexure-2 demonstrates that two months before the institution of the present case, the petitioner was cited as one of the witness against Kamlesh Singh in a case instituted by one Parwati Devi under Sections 376 and 511 of the Indian Penal Code and the submission is that in this background the petitioner having sided with co-accused Kamlesh Singh and committed this occurrence does not seem probable. Moreover, the co-accused Yamuna Paswan has also not named the present petitioner as one of the persons who committed this occurrence along with Kamlesh Singh. In view of such, let the petitioner above named, who is in custody since 2.12.2009, 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 Chief Judicial Magistrate, Kaimur at Bhabua in Mohaniya P.S. Case No. 129 of 2009 - 2 - 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. The bailor will undertake to furnish information to the court about any change in address of 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 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. S.Ali (Anjana Prakash, J.)