IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3244 of 2010 MOHAMMAD HAROON, S/o Fajruddin Versus THE STATE OF BIHAR ----------- 03. 18.03.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 328, 379 and 411 of the Indian Penal Code. On 12.05.2009 at 11 P.M. a seizure-list was prepared of certain articles said to have been in possession of the present petitioner. Thereafter on 13.05.2009 at 2 P.M. the present First Information Report was instituted alleging therein that the informant had been robbed of his belongings by some body by intoxicating him. When he regained consciousness and came to the police out-post he found that one person is in custody whom he identified as the person who had administered the intoxicating drink to him. In view of the fact that the petitioner was arrested even before the institution of the present case and he was identified while in police custody and - 2 - he has no criminal antecedent, 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 Additional Sessions Judge-IV, Rohtas at Sasaram in connection with S.Tr. No. 335 of 2009 arising out of Sasaram (Dehri) Rail P.S. Case No. 19 of 2009 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. (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. (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 - 3 - manner, his bail will be liable to be cancelled for reasons of misuse. Vikash/- (Anjana Prakash, J.)