IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9836 of 2010 FUDI PASWAN SON OF MAHENDRA PASWAN Versus THE STATE OF BIHAR ----------- 2. 19.3.2010 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 is not named in the first information report and after the confessional statement was recorded certain witnesses stated that the petitioner was also seen boarding the same train, where the dacoity had taken place, but apart from this weak circumstantial evidence there is no material to connect the petitioner with the present occurrence. In view of such and the fact that the petitioner is an accused in only one other case i.e. Bakhari P.S.case No.6 of 2008, let the petitioner above named, who is in custody since 27.8.2009, 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 Railway Judicial Magistrate, Khagaria in Khagaria Rail P.S.case No.49 of 2009 (G.R.No.87 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 giving 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 - 2 - 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 and (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. Before releasing the petitioner on bail the Magistrate concerned will verify the fact that the petitioner is an accused in only one other case i.e. Bakhari P.S.case No.6 of 2008. Narendra/ ( Anjana Prakash, J. )