IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18352 of 2010 DEEPAK KUMAR SON OF SRI GAJENDRA KUMHAR Versus THE STATE OF BIHAR ----------- 3. 2.7.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 394, 395 and 412 of the Indian Penal Code. The petitioner was refused bail earlier by an order dated 12.10.2009 vide Cr.Misc.No.34142 of 2009 and now he has renewed his prayer for bail since he has remained in custody for more than a year. It has been submitted that the petitioner is not named in the first information report and subsequently when co-accused Vikki Yadav was arrested, he disclosed the complicity of the petitioner and thereafter fire arms were recovered from the house of the petitioner. Specific plea is that the petitioner is not named in the first information report nor has he been put on test identification parade nor has any looted article been recovered from his possession and he has no criminal antecedents except the case of Arms Act instituted for recovery of arms from the house of the petitioner. In view of such, let the petitioner above named, who is in custody since 9.5.2009, 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 Additional Sessions Judge, - 2 - F.T.C. III, Buxar in S.Tr.No.254 of 2009 arising out of Koran Sarai P.S.case No.8 of 2009, subject to the conditions (i) That one of the bailors shall be the father of the petitioner and the other bailor 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 the 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 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 and (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. Narendra/ ( Anjana Prakash, J. )