IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34255 of 2009 ASHUTOSH MISHRA SON OF DINANATH MISHRA Versus THE STATE OF BIHAR With Cr.Misc. No.12424 of 2010 CHHOTE KHAN SON OF FAIJ KHAN Versus STATE OF BIHAR ----------- 5. 22.4.2010 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 395 and 397 of the Indian Penal Code. The petitioners are not named in the first information report and subsequently their names were disclosed in the confessional statement of the co-accused, but there has been no recovery from their possession nor have they been put on test identification parade. Petitioner Ashutosh Mishra is said to be in custody since 2.3.2009, whereas petitioner Chhote Khan is said to be in custody since 5.10.2008. In view of such, let the petitioners above named be released on bail on furnishing bail bond of Rs.5,000/- (Five thousand) each with two sureties of the like amount each to the satisfaction of 2nd Addl. Sessions Judge, Bettiah, West Champaran in S.Tr.No.274 of 2009 arising out of Narkatiyaganj Rail P.S.case No.35 of 2008, subject to the conditions (i) That one of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailor will undertake to furnish information to the court about any - 2 - change in the address of the petitioners, (ii) that the bailor shall also state on affidavit that he will inform the court concerned if the petitioners are implicated in any other case of similar nature after their 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 petitioners will give an undertaking that they will receive the police papers on the given date and be present on date fixed for charge and if they fail to do so on two given dates and delay the trial in any manner, their bail will be liable to be cancelled for reasons of misuse and (iv) that the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. With regard to petitioner Chhote Khan, he is directed to appear before the Superintendent of Police, Bettiah, West Champaran within fifteen days of his release with a copy of this order and thereafter every two weeks for the next nine months. The conduct of the petitioner will be kept under watch in this period by the S.P. concerned and if it is found wanting in any manner a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the Superintendent of Police, a certificate will be filed by the petitioner before the court concerned. Narendra/ ( Anjana Prakash, J. )