IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38860 of 2009 KARI PASWAN, S/o Upendra Paswan. Versus THE STATE OF BIHAR ----------- 04. 19.02.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Section 395 of the Indian Penal Code. Taking into consideration the fact that the petitioner is not named in the First Information Report nor identified in the Test Identification Parade nor has there been any recovery from his possession and his complicity arose only on account of confession statement of one co-accused, Dilip Singh, let the petitioner above named who is in custody since 27.06.2009 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 Chief Judicial Magistrate, Begusarai in connection with Phulwaria P.S. Case No. 60 of 2003 subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give - 2 - an affidavit giving genealogy as to how he is 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 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. (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. Vikash/- (Anjana Prakash, J.)