IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.717 of 2010 MANOJ KUMAR @ RAMA SHANKAR TANTO @ SURESH RAM SON OF SURESH SINGH @ SURESH RAM Versus STATE OF BIHAR ----------- 2. 19/01/2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 395 of the Indian Penal Code. Subsequently, Section 412 I.P.C. was added. Taking into consideration the fact that the petitioner is not named in the First Information Report, not identified in the Test Identification Parade and later on, a looted Mobile was recovered from co-accused Dipak Paswan, who disclosed that it is the petitioner who has sold the said Mobile to him and he has only one other case pending against him, let the petitioner above named, who is in custody since 20.8.2009, 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, Rohtas at Sasaram, in connection with Sheosagar P.S. Case No. 82 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 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 2 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 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. S.Ali (Anjana Prakash, J.)