IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10610 of 2010 PARVEEN MAHTO @ ARBIND PRASAD, S/o Kedar Prasad. Versus THE STATE OF BIHAR ----------- 03. 13.04.2010 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. The petitioner was refused bail by order dated 10.11.2009 and has renewed his prayer for bail after having remained in custody since 10.06.2009. The submission of the petitioner is that he is not named in the First Information Report nor has he been put on Test Identification Parade. In pursuance to the confessional statement of the co-accused wherein the petitioner’s name was disclosed there has been no recovery from his possession. In view of such and also that the other co- accused persons have been granted bail by this Court and that the petitioner is accused in one other case i.e. Rajauli (Nalanda) P.S. Case No. 119 of 2008, 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, Gopalganj in connection with Mohammadpur - 2 - P.S. Case No. 67 of 2008 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 petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner. The petitioner’s identity will be duly verified by the Magistrate before releasing the petitioner on bail. (ii) That the affidavit shall clearly state that the petitioner is not accused in any other case and if he is he shall not be released on bail. A due verification will be done as to whether the petitioner is accused in any other case i.e. Rajauli (Nalanda) P. S. Case No. 119 of 2008. (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. (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, his bail will be liable to be cancelled for reasons of misuse. Vikash/- (Anjana Prakash, J.)