IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1962 of 2010 AKBAR MIAN SON OF LATE RAFIQUE MIAN Versus STATE OF BIHAR ----------- 2. 02/02/2010 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. In the First Information Report which was instituted after about 10 hours of the occurrence, the petitioner is not named and subsequently one of the witnesses names the petitioner but there is no explanation as to why he did not disclose the name of the petitioner at the time of recording of the Fard Bayan. Under the circumstances, let the petitioner above named, who is in custody since 13.10.2008 and there is only one of the case of similar nature pending against him in which he has been implicated on the basis of confessional statement of co-accused, 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, Jamui, in connection with Simultalla P.S. Case No.45 of 2008 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. (ii)That the bailor shall also state on affidavit 2 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. (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. S.Ali (Anjana Prakash, J.)