IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8899 of 2009 CHANDAN SAHNI @ BAUNA SAHNI, SON OF LATE PRAMOD SAHNI Versus THE STATE OF BIHAR ----------- 8. 08/03/2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 397, 398 and 307 of the Indian Penal Code. The occurrence is said to have taken place on 31.7.2008 and First Information Report was instituted against unknown persons of having committed dacoity in course of which one Pankaj Kumar Chamaria lost his life. Spy indicated that one person has got himself treated at the Clinic of Dr. Satish Chaurasia and the said clue led to the present petitioner who was found to have been injured and, therefore, an inference was drawn since the miscreants while jumping from the roof had sustained injury, petitioner with his criminal background must have been involved in the present occurrence as well. However, the Informant and his family members refused to participate in the Test Identification Parade. There has been no recovery from his possession and the co-accused Sanjiv Rajak when arrested did not disclose the name of the present petitioner in his confessional statement before the Police. Under the circumstances, let the petitioner above named, who is in custody since 5.8.2008 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, Khagaria, in connection with Khagaria P.S. Case No. 373 of 2008 subject to the - 2 - 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 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 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. In view of the antecedents of the petitioner, the petitioner is directed to appear before the Superintendent of Police, Khagaria, within fifteen days of his release with a copy of this order and thereafter every two weeks for the next six months. The conduct of the petitioner will be kept under watch in this period by the Superintendent of Police concerned and if it is found wanting in any respect, a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the Superintendent of Police, a certificate will be filed by the petitioner before the court concerned. S.Ali (Anjana Prakash, J.)