IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.42679 of 2009 MD.JALIL @ MUHTERWA, s/o Late Kamaruddin Versus STATE OF BIHAR ----------- 4/ 05.04.2010 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. The petitioner is not named in the First Information Report and subsequently his name transpired on suspicion. It has been submitted that there is only one other case pending against the petitioner which fact will be verified by the court below before release of the petitioner on bail. In view of the above, let the petitioner, above named, 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, Khagaria, in connection with Khagaria (Mansi) Rail P.S. case no.04 of 1993, 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, (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 - 2 - 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. The Magistrate is directed to expedite the commitment of the case and the trial court in seisin of the case will make efforts to conclude the same within a period of nine months since the case is of the year 1993. JA/- (Anjana Prakash, J.)