IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21767 of 2010 HARE RAM SAH, S/o Late Nageshwar Sah. Versus THE STATE OF BIHAR ----------- 03. 03.08.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 395 and 397 of the Indian Penal Code. The petitioner was refused bail by order dated 10.11.2009 vide Cr. Misc. No. 38994 of 2009 but has renewed his prayer for bail since he is in custody since 01.05.2009 and there is no progress in the trial. A report was called for from the Trial Court from which it appears that no witness has turned up to depose during investigation and the charge has already been framed on 16.04.2010. The petitioner is not named in the First Information Report and subsequently he was identified by the informant in the Test Identification Parade. It has been submitted that for the petitioner’s identification in the present occurrence he had filed a complaint against Officer In-charge of concerned Police Station which is evident from 2 Annexure-2 and it is on account of this reason that the petitioner has been implicated falsely by getting him identified in the Test Identification Parade. The further submission is that the petitioner has clean antecedent which fact will be verified by the Court concerned before releasing the petitioner on bail. In view of such, 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 District Judge, F.T.C.-II, Siwan in connection with S.Tr. No. 39 of 2010 arising out of Siwan Rail P.S. Case No. 13 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 and the other bailor shall be the father/wife of the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of 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 3 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 manner, his bail will be liable to be cancelled for reasons of misuse. (v) 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. Vikash/- (Anjana Prakash, J.)