IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6553 of 2010 MAHESH SINGH S/O LATE RAMRAJ SINGH Versus THE STATE OF BIHAR ----------- 4. 5.5.2010 Supplementary affidavit filed today be kept on the record. Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 395, 397 and 412 of the Indian Penal Code. The prosecution case is that four known and ten unknown accused persons committed dacoity in the house of the informant. The petitioner is not named in the first information report and subsequently his name transpired in the confessional statement of the co-accused, but there has been no recovery from his possession nor has he been put on test identification parade. It has been pointed out from the case diary that one witness on 9.6.2009 i.e. almost after three months disclosed the name of the petitioner as one of the miscreants, who was seen hiding in the fields on the date of occurrence. It has been brought on the record vide a supplementary affidavit that the petitioner is an accused in only one other case i.e. Bakhtiarpur P.S.case No.63 of 2009 u/s.395 I.P.C., which fact will be verified by the Magistrate concerned before releasing the petitioner on bail. In view of such, let the petitioner above named, who is - 2 - in custody since 27.5.2009, 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 1st Addl. Sessions Judge, Barh, Patna in S.Tr.No.1529 of 2009 arising out of Athmalgola P.S.case No.45 of 2009, 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. The bailor will undertake to furnish information to the court about any change in the 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 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. Narendra/ ( Anjana Prakash, J. )