IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14357 of 2010 KATIMAN RAJAK, S/o Sudho Rajak. Versus THE STATE OF BIHAR ----------- 02. 06.05.2010 A supplementary-affidavit has been filed be kept on record. Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 395 and 364 of the Indian Penal Code. The prosecution case is that dacoity was committed in the house of the informant and the son of the informant was also kidnapped by the miscreants. The petitioner is not named in the First Information Report nor any of the witnesses as mentioned in the impugned order but the police despite which has submitted charge- sheet without any material. In view of such, let the petitioner, above named who is in custody since 24.07.2009 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, Jamui in connection with Khaira P.S. Case No. 50 of 2001 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 2 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 affidavit shall clearly state that the petitioner is accused in only other case i.e. Khaira P.S. Case No. 193 of 2005 besides the present one which fact will be verified by the Magistrate before releasing the petitioner on bail. (iii) 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. (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. Vikash/- (Anjana Prakash, J.)