IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.19439 of 2009 OM PRAKASH PASWAN, son of Jai Mangal Paswan Versus STATE OF BIHAR ----------- 7/ 05.04.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 396, 307, of the Indian Penal Code, section 27 of the Arms Act and section ¾ of the Explosives Substance Act. The petitioner is not named in the First Information Report and subsequently when he was arrested on suspicion, he gave confessional statement before the police and thereafter on 28.6.2005 he was remanded in the present case. From the antecedent report of the petitioner, it appears that the petitioner has been remanded in six other cases but all of them are surprisingly filed in chronological order. In view of such, let the petitioner, above named, who is in custody since 29.11.2008, 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 the Additional Sessions Judge-cum- Fast Track Court No.II, Motihari at East Champaran, in connection with S. Tr. No.551 of 2008, subject to the 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 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 - 2 - of misuse, and (iii) 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. In view of the antecedents of the petitioner, the petitioner is directed to appear before the Superintendent of Police, East Champaran, Motihari within fifteen days of his release with a copy of this order and every two weeks thereafter for the next nine months. The conduct of the petitioner will be kept under watch in this period by the Superintendent of Police concerned and if it is found wanting in any respect, 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. JA/- (Anjana Prakash, J.)