IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.19467 of 2010 LAXMAN MANJHI @ LAXMAN RAM son of Late Tapan Manjhi Versus STATE OF BIHAR ----------- 3/ 20.07.2010 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. It has been submitted that the petitioner is not named in the First Information Report and subsequently one witness stated that he had seen one Laxman Ram and others near the railway line and thereafter another witness also took the name of Laxman Ram. The petitioner disputes that he is not Laxman Ram but Laxman Manjhi and since he has not been put on test identification parade the identity of the petitioner is still doubtful. Considering the same, let the petitioner, above named, who is in custody since 3.2.2010, 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, Siwan, in connection with Mairwa P.S. Case No. 146 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 and the other bailor shall be the son/wife of the petitioner. The bailors will undertake to furnish information to the court about any change in the address of the petitioner, (ii)That the bailors shall also state on affidavit that they will inform the court concerned if the petitioner is implicated in any other case of similar - 2 - 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. JA/- (Anjana Prakash, J.)