IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.2732 of 2010 RAMESH PASWAN @ RAMESH YADAV @ RAMESH KUMAR, S/O BAKEY YADAV Versus STATE OF BIHAR **** /2/ 09.02.2010 Heard both the sides. 2. The petitioner seeks bail in a case instituted under Sections 457 and 38 of the Indian Penal Code. 3. Petitioner’s name has been disclosed on the confessional statement of the co-accused who was caught at the spot and variously assaulted due to which he subsequently died, but, there has been no recovery from his possession nor another case of theft is pending against him. By a supplementary affidavit the antecedent of the petitioner has been brought on record wherein two cases of the years 2004 and 2005 have been enumerated, but, none for the offence of theft. 4. Taking into consideration the aforementioned fact, let the petitioner, above named, who is in custody since 19.11.2009 be released on bail on furnishing bail bond of Rs.5,000/- (rupees five thousand) with two sureties of the like amount each in connection with Chandauti P.S. Case No. 164 of 2009 to the satisfaction of the Chief Judicial Magistrate, Gaya, 2 on 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, (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 then 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. S.A. (Anjana Prakash, J.)