IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5123 of 2010 SUJEET KUMAR SON OF LATE SARYUG SAH Versus STATE OF BIHAR ----------- 2. 23.2.2010 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. Taking into consideration the fact that the petitioner is not named in the first information report nor identified in the test identification parade, but implicated on account of certain witnesses having stated that the petitioner’s activity was found suspicious, but there has been no recovery from his possession, let the petitioner above named, who is in custody since 3.2.2009, 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 2nd Additional Sessions Judge, Bettiah, District West Champaran in Sessions Trial No.275 of 2009 arising out of Narkatiaganj Rail P.S.case No.35 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, (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 of bail and (iii) that the petitioner will give an undertaking that he will - 2 - 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. The petitioner is said to be an accused in one other case of Rail dacoity, so the petitioner is directed to appear to the Head Priest of Kalibag Temple at Bettiah within two weeks of his release from jail custody and file a certificate in this regard in the court below. On filing of the said certificate the petitioner will be released on provisional bail for a period of six months, but on failure to do so he will be immediately noticed for initiation of cancellation of bail. The Head Priest of Kalibag Temple is requested to keep the petitioner engaged in fruitful activities for the next six months and give a certificate in this regard to be filed in the court below. If the certificate granted to the petitioner is found satisfactory, the court below will confirm the provisional bail granted to the petitioner and if not, the petitioner will not be allowed any further privilege of bail. Narendra/ ( Anjana Prakash, J. )