IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31618 of 2010 CHANDAN MISTRI @ CHANDER MISTRI, SON OF CHHOTELAL MISTRI Versus THE STATE OF BIHAR ----------- 3. 29.09.2010 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. It has been submitted that even though one of the accused persons was caught at the spot, he disclosed the names of his accomplices but he did not name the petitioner and, thereafter, the petitioner was remanded in this case on mere speculation. Considering the same, let the petitioner above named, who is in custody since 10.8.2009, be released on bail on furnishing bail bond of Rs. 5,000/- (Five thousand) with two sureties of the like amount each or any other surety to be fixed by the court concerned to the satisfaction of Additional Sessions Judge-cum-F.T.C. No. 5, Saharsa, in connection with Sessions Case No. 66 of 2010 arising out of Rail P.S. Case No. 39 of 1992 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 and the other shall be the wife of the petitioner. The bailor will undertake to furnish information to the Court about 2 any change in 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 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. (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. It has been specifically asserted that the petitioner is an accused in only one other case which fact will be verified by the Magistrate before releasing the petitioner on bail. S.Ali ( Anjana Prakash, J.)