IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30922 of 2009 BALI BHUIYAN SON OF LATE PHAKIR CHAND BHUINYA, RESIDENT OF VILLAGE MOHABATTAPUR, P.S. SHERGHATY, DISTRICT GAYA … PETITIONER Versus STATE OF BIHAR ----------- 3. 26.10.2009 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 is not named in the first information report, nor put on test identification parade nor has any recovery been made from his possession and the only material against the petitioner is the confessional statement of the co- accused Ramashish Choudhary and despite the fact that the petitioner was in custody since 23.10.2008 in another case he has been remanded in the present case only on 13.2.2009 i.e. after about one and half years of the occurrence, 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 Sub Divisional Judicial Magistrate, Sherghaty, Gaya in Amas P.S.case No.105 of 2007, 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 and (ii) that the bailor 2 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. Narendra/ ( Anjana Prakash, J. )