IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42471 of 2009 VIJAY SHANKAR PRAJAPATI @ VIJAI SHANKAR KUMHAR SON OF BHOLA KUMHAR ------PETITIONER. Versus STATE OF BIHAR ----------- 2. 08/12/2009 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 394 of the Indian Penal Code. It has been submitted that the petitioner is not named in the First Information Report nor he has been put on Test Identification Parade and there has been no recovery from his possession, the name of the petitioner has transpired in paragraph-42 of the case diary wherein one of the victims after two months of the occurrence has suspected the hands of the petitioner in the commission of the present offence. Apart from this, there is nothing against the petitioner. The petitioner was previously accused in three other cases but it has been submitted that he was acquitted in all three of them, let the petitioner above named under the circumstances, 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 Chief Judicial Magistrate, Bhabua (Kaimur) in connection with Bhagwanpur P.S. Case No. 23 of 2009 subject to the following 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 2 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. The learned Magistrate before releasing the petitioner on bail will confirm the fact that the petitioner’s name had transpired during investigation through one of the victims after two months of the occurrence on the basis of suspicion and also that apart from the confession of the petitioner and paragraph-42 of the case diary, there is no other material against the petitioner. S.Ali (Anjana Prakash, J.)