IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.32668 of 2011 Makunee Singh @ Makuni Singh, son of Baidnath Singh Versus The State Of Bihar ---------------------------------- 2. 30.09.2011 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 395 of the Indian Penal Code. It has been submitted that the petitioner has misused the privilege of bail for a period of five years and the petitioner has remained in custody since 21.2.2011 and now two witnesses have been examined including the Informant who has not identified the petitioner in the dacoity. The further submission is that now, the petitioner will be physically present on each to facilitate end of the trial. Considering the same, 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 Additional District & Sessions Judge/Fast Track Court Vth, Munger, in connection with Sessions Case No. 292 of 2011 arising out of Tarapur P.S. Case No. 34 of 1998, subject to the following 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 the other shall be the cousin brother of the petitioner namely Ashok Kumar. The bailor will also undertake 2 to inform the Court if there is any change in the 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 physically present on each date and if he fails to do so on two consecutive dates without any reason, his bail shall stand automatically cancelled. S.Ali ( Anjana Prakash, J.)