IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42992 of 2009 B. ANAND @ BABU ANAND SON OF SHRI SHYAM KISHORE SINGH Versus STATE OF BIHAR ----------- 2. 14.12.2009 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 149, 420 and 120B/34 of the Indian Penal Code. It has been submitted that in the first information report, the informant while investigating into certain offences happened to discover a modus by which certain accused persons used to withdraw money through ATM from various Bank. In the first information report, no role has been assigned to the present petitioner. At the fag end the name of the petitioner has been appended that on the basis of mobile print outs, certain persons are suspected to be involved in the case including the present petitioner. Thereafter the confessional statement of the co-accused discloses the name of the petitioner but there is no direct allegation against the petitioner, who is in custody since 12.10.2009 and there is no other case pending against him of similar nature. Under the circumstances, 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 Chief Judicial Magistrate, Patna in Beur P.S.case No.171 of 2009, subject to the conditions (i) that one of the bailors - 2 - 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 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 manner, his bail will be liable to be cancelled for reasons of misuse. Narendra/ ( Anjana Prakash, J. )