IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.27708 of 2009 ROSHAN SINGH @ RASAN SINGH @ RAM NANDAN SINGH, S/O LATE YOGENDRA SINGH Versus STATE OF BIHAR **** /4/ 29.01.2010 Heard both the sides. 2. The petitioner seeks bail in a case instituted under Section 395of the Indian Penal Code. 3. Taking into consideration the subsequent to naming the present petitioner in the first information report the informant filed a petition before the Court stating therein that the petitioner was not involved in the house dacoity, let the petitioner, above named, who is in custody since 02.03.2009 and has no criminal antecedent be released on bail on furnishing bail bond of Rs.5,000/- (rupees five thousand) with two sureties of the like amount each in connection with Sahebganj P.S. Case No. 86 of 2008 to the satisfaction of the Sub Divisional Judicial Magistrate, West, Muzaffarpur, on 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, (ii)that the affidavit shall clearly state that the petitioner is not an accused in any other case and if he is, he shall 2 not be released on bail, (iii) 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 and (iv) 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 then his bail will be liable to be cancelled for reasons of misuse. S.A. (Anjana Prakash, J.)