IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.11260 of 2010 MD.KALAM, son of Md. Ishlam Versus THE STATE OF BIHAR ----------- For the petitioner : Mr. Gagan Deo Yadav, Advocate For the State : Mr. C. Jawahar, APP ------------ 2/ 15.04.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under section 379 of the Indian Penal Code. The petitioner is not named in the First Information Report but subsequently, when co-accused was arrested, he disclosed the complicity of the present petitioner as well. However, considering that the petitioner is in custody since 24.11.2009 and there has been no recovery from his possessions and further that the petitioner undertakes not to indulge in similar activities after his release on bail, 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 the Chief Judicial Magistrate, Madhubani, in connection with Raj Nagar P.S. case no.196 of 2009, subject to 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. The bailor will undertake to furnish information to the court about any change in the address of 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 - 2 - 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, and (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. JA/- (Anjana Prakash, J.)