IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24196 of 2009 JAMI PASWAN, S/o Jatan Paswan. Versus THE STATE OF BIHAR ----------- 05. 24.02.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Section 395 of the Indian Penal Code. It has been submitted that the petitioner is not named in the First Information Report nor identified in the Test Identification Parade and there is no recovery from his possession. However, four months later on 17.02.2004 certain witnesses stated that the petitioner was also seen boarding the train in which the dacoity had taken place. Under the circumstances, let the petitioner above named who is in custody since 23.03.2009 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 Railway Judicial Magistrate, Patna in connection with Biharsharif G.R.P.S. Case No. 11 of 2003 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. (ii) That the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is - 2 - 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. In view of the antecedent of the petitioner, the petitioner is directed to appear before the Supdt. of Police, Nalanda within fifteen days of his release from custody with a copy of this order and thereafter every two weeks for the next nine months in which period the conduct of the petitioner will be watched by the S.P. In case the petitioner’s conduct is found wanting in any manner a report will be made to the court concerned about the same who will initiate a proceeding for cancellation of bail for reasons of misuse of bail. Vikash/- (Anjana Prakash, J.)