IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.38970 of 2009 RAJESH PASWAN S/o Janki Paswan, resident of village- Shankarpur, P.S. Haspura, Dist. Aurangabad ...Petitioner Versus STATE OF BIHAR ...OP ----------- 2/ 09.11.2009 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under section 392 of the Indian Penal Code. Taking into consideration the fact that the petitioner is not named in the first information report but was named subsequently in the confession of co-accused and apart from one more case the petitioner is not accused in any other case of similar nature, let the petitioner above named, who is in custody since 17.7.2009, 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 the Chief Judicial Magistrate, Aurangabad, in connection with Haspura P.S. case no.62 of 2008, 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, and (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 initiate the proceeding for cancellation of bail on the ground of misuse. The fact that the petitioner is accused in only two cases will be verified by the Magistrate concerned before releasing the petitioner on bail. JA/- (Anjana Prakash, J.)