IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21806 of 2009 MD.NAYEEM, Son of Late Seku Chotu Resident of Village-Rajganj, P.S.-Narpatganj, District-Araria. Versus THE STATE OF BIHAR ----------- 03. 08.09.2009 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 and his name was disclosed by the co-accused, Kamal Narayan Singh who has already been released on bail by this Hon’ble High Court, let the petitioner above named 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, Supaul in connection with Bhimpur P.S. Case No. 25 of 2007 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 - 2 - 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. (iii) That the petitioner will give an undertaking that he will receive the police papers on the given date and will not delay the trial. It is being submitted that the petitioner is an accused in only one other case of Arms Act which fact will be verified by the Magistrate concerned and on verification if it is found to be incorrect the petitioner will not be released on bail. Vikash/- (Anjana Prakash, J.)