IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10731 of 2010 MUNCHUN PASWAN, SON OF LATE JOGENDRA PASWAN Versus STATE OF BIHAR ----------- 2. 13/04/2010 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 in pursuant to the confessional statement of the co- accused and his own confession, neither was he put on Test Identification Parade nor has any incriminating article been recovered from his possession before institution of the present case. The petitioner is not an accused in any other case. In view of such, let the petitioner above named, who is in custody since 14.3.2009 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 Sri Ram Surat, Judicial Magistrate, 1st Class, Muzaffarpur, in Aurai P.S. Case No. 17 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. The bailor will undertake to furnish information to the Court about any change in address of 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 - 2 - 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. (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. S.Ali (Anjana Prakash, J.)