IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.4341 of 2010 JITENDRA RAI, son of Dhaneshwar Rai Versus STATE OF BIHAR ----------- 2/ 16.02.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under section 392 of the Indian Penal Code. Taking into consideration the fact that the petitioner is not named in the First Information Report nor identified in the test identification parade nor there is any recovery from his possession and the only material that has appeared is the confessional statement of the co-accused and his criminal history, let the petitioner, above named, who is in custody since 16.7.2009, 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 the Chief Judicial Magistrate, Saran, Chapra, in connection with Amnour P.S. case no.57 of 2008, 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, (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, and (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 - 2 - manner, his bail will be liable to be cancelled for reasons of misuse. In Cr. Misc. No.1870 of 2010, by order dated 1.2.2010, the petitioner was directed to work with the Head Priest of Dharamnath Ji Temple at Chpara for the next three months which the petitioner will strictly comply with so that there is further chance of false implication. JA/- (Anjana Prakash, J.)