IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45768 of 2009 CHAND MIAN @ MD. CHAND Versus STATE OF BIHAR ----------- 02. 08.01.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 384, 385 and 387 of the Indian Penal Code. Taking into consideration the fact petitioner has remained in custody for about two years and ten months and thereafter now for four months and in trial five witnesses including the informant have been declared hostile, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 5000/-(five thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, First Class, Ara in connection with Ara(town) P.S. Case No. 118 of 2002 corresponding to G.R. No. 1262 of 2002, 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 2 below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse (iii) that the petitioner will be represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. On query by this Court as to whether during his period of abscondance from jail custody the petitioner has committed any crime, the reply was to the negative. Learned Magistrate will check up this fact before releasing the petitioner on bail and in case petitioner has committed any offence during his period of abscondance he shall not be released on bail. Shageer (Anjana Prakash, J)