IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4258 of 2010 SURENDRA PASWAN, S/o Rambali Ram. Versus THE STATE OF BIHAR ----------- 03. 06.04.2010 Learned counsel is permitted to make necessary correction in paragraph 1 of the bail application. Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Section 392 of the Indian Penal Code and the charge-sheet has been submitted under Section 395 of the Indian Penal Code. The petitioner is not named in the First Information Report and when a police spy named the petitioner he was arrested and thereafter made confessional statement before the police implicating himself. In view of the fact that there is no legal evidence against the petitioner who is in custody since 19.09.2009, let the petitioner above named be released on bail on an undertaking that he will not involve in any anti social activity after his release from jail custody on furnishing bail bond of Rs. 5,000/- (Five Thousand) with two sureties of the like amount each to the satisfaction of Sub- Divisional Judicial Magistrate, Daudnagar in connection - 2 - with Daudnagar P.S. Case No. 144 of 2009 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 and one of the bailors shall be the father 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. (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. Vikash/- (Anjana Prakash, J.)