IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4184 of 2010 MUNA PRASAD @ MUNA KUMAR @ MUNNA PRASAD, S/o Shivajee Prasad. Versus THE STATE OF BIHAR ----------- 05. 21.05.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Section 392 of the Indian Penal Code. The petitioner is not named in the First Information Report and subsequently the informant added his name that he had learnt that the petitioner was also involved in the occurrence. Thereafter when the petitioner was arrested in a case instituted under Section 47 of the Excise Act and detained in the police custody the informant went and identified him at the police station. The submission is that the informant has given hearsay account about petitioner’s implication and thereafter the petitioner’s identification at the police station is contrary to law. In view of such, let the petitioner, above named who is in custody since 14.10.2009 and there is no other case of Section 392 of the Indian Penal 2 Code pending against him 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, East Champaran at Motihari in connection with Motihari (Muffasil) P.S. Case No. 176 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. The bailor will also undertake to inform the Court if there is 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 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 3 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. The fact that the petitioner is not accused in any case of robbery/dacoity will be verified by the Magistrate before releasing the petitioner on bail. Vikash/- (Anjana Prakash, J.)