IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39929 of 2009 DAMRU PANDEY SON OF LATE CHANDRA SHEKHAR PANDEY Versus STATE OF BIHAR ----------- 3. 9.12.2009 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 392 of the Indian Penal Code. It has been submitted that the petitioner has been roped in this case on account of business rivalry with the informant and therefore identified in the test identification parade. In support of the fact that the petitioner is also in the same transport business, a supplementary affidavit has been filed bringing on record certain documents with regard to ownership of his mother of a Bolero vehicle. Under the circumstances, let the petitioner above named, who is in custody since 14.7.2009, 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 Chief Judicial Magistrate, Sheikhpura in Sheikhpura P.S.case No.149 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 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 - 2 - 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. The Magistrate will verify the documents with regard to ownership of Bolero vehicle and if found correct, the petitioner will be released on bail. Narendra/ ( Anjana Prakash, J. )