IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41632 of 2009 MANISH KUMAR SON OF VIJAY KUMAR SINGH Versus STATE OF BIHAR ----------- 2. 2.12.2009 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 394 of the Indian Penal Code. Taking into consideration the fact that the petitioner has been named in the first information report on the basis of the informant having learnt the name of the accused but there is no witness, who has disclosed his name in the case diary as an eye-witness with regard to the identification of the present petitioner from whom no recovery has been effected nor there is any criminal antecedent, let the petitioner above named, who is in custody since 6.10.2009, 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 C.J.M., Begusarai in Barauni (Chakia) P.S.case No.277 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 genealogy as to how he is related with the petitioner, (ii) that the affidavit shall clearly state that the petitioner is not an accused in any other case and if he is he shall not be released on bail and (iii) 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 - 2 - 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. Narendra/ ( Anjana Prakash, J. )