IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.8563 of 2010 SANNI BISHWAKARMA, s/o Binod Vishwakarma Versus STATE OF BIHAR ----------- 3/ 18.03.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 395, 412 and 120-B of the Indian Penal Code. The First Information Report has been instituted against unknown miscreants for having committed a bank dacoity. The accused persons are said to have used two motor cycles specifically mentioned in the First Information Report. On the confession of the co-accused, one motor cycle was recovered from the house of the petitioner but the identity does not tally with the motor cycle having been used by the miscreants. The petitioner has not been put on test identification parade nor has there been any recovery from his possession and he has no criminal antecedent. Under the circumstances, let the petitioner, above named, who is in custody since 5.10.2009, 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 Additional Sessions Judge, II, Katihar, in connection with S. T. case no. 382 of 2009 arising out of Mansahi P.S. case no.58 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 affidavit shall clearly state that the petitioner is not accused in any other case and, if he is, he shall not be released on bail, (iii) that - 2 - 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, (iv) 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 (v) 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. The court below before releasing the petitioner on bail will satisfy itself that the petitioner has no criminal antecedents. JA/- (Anjana Prakash, J.)