IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25369 of 2010 RAJ KUMAR DAS, S/o Bimal Chandra Das. Versus THE STATE OF BIHAR ----------- 03. 14.09.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 394 of the Indian Penal Code and later on Section 411 IPC was added. The petitioner was refused bail by order dated 17.12.2009 vide Cr. Misc. No. 33953 of 2009 but has renewed his prayer for bail on the ground that the co- accused who had participated in the dacoity as per the confessional statement of Rajesh Pathak have been granted bail by this Court. Considering that the petitioner is in custody since 09.05.2009 and apart from one other case inter- connected with the present occurrence he has no criminal antecedent, 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 or any other surety as fixed by the Court to the satisfaction of Sri J. Lal, Judicial Magistrate, 1st Class, Purnea (or his successor) in connection with Sadar P.S. Case No. 172 of 2009 subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will 2 give an affidavit giving genealogy as to how he is related with the petitioner and the other bailor shall be the father/brother 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 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 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 an accused in only two other cases besides the present one will be verified by the Magistrate concerned before releasing the petitioner on bail. Vikash/- (Anjana Prakash, J.)