IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29699 of 2009 MANTU PASWAN SON OF BIRENDRA PASWAN, R/O VILLAGE SRI TOLA, P.S. ARA NAWADA, DISTT. BHOJPUR …. PETITIONER Versus STATE OF BIHAR … O.P. ----------- 2. 20.8.2009 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. Taking into consideration the fact that the petitioner has not been named in the first information report nor has been identified and it is after eight months of the occurrence that the petitioner’s name transpired on the alleged recovery of the sim card from his Mobile phone, let the petitioner above named, who has no criminal antecedent and is in custody since 3.5.2009, 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, Bhojpur, Ara in connection with Koilwar P.S.case No.161 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, (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, and (iii) That the bailor shall also state on affidavit that he will inform the 2 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. )