IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37117 of 2010 RATNESH KUMAR, SON OF LATE BUTAN SAHNI Versus STATE OF BIHAR ----------- 2. 29.10.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 395 and 397 of the Indian Penal Code. The petitioner was refused bail by an order dated 8.2.2010 vide Cr. Misc. 36772 of 2009 but he has renewed his prayer for bail on the ground that the co-accused similarly placed were granted bail by this Court vide Cr. Misc. Nos. 18345 of 2009 and 23737 of 2009. From the order dated 8.2.2010, it appears that the petitioner was refused bail on the ground that he was identified by the sole witness. Considering that he has not criminal antecedents and is in custody since 17.12.2008 and the case has already been committed to the court of Sessions, 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 or any other surety to be fixed by the court concerned to the satisfaction of 7th Additional Sessions Judge, Muzaffarpur, in Sessions Trial No. 493 of 2009 arising out of Sakara P.S. Case No. 381 of 2008 subject to the following conditions: (i)That one of the bailors will be a close relative of the petitioner who will 2 give an affidavit giving genealogy as to how he is related with the petitioner and the other shall be the mother of the petitioner. The bailor will undertake to furnish information to the Court about any change in address of 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. (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 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. (iv)That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. S.Ali ( Anjana Prakash, J.)