IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.10944 of 2010 KASHI PASWAN son of Chinta Paswan Versus THE STATE OF BIHAR ----------- 2/ 13.04.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 395, 397 and 412 of the Indian Penal Code. The petitioner is not named in the First Information Report and subsequently his name transpired in the confessional statement of the co-accused but neither has he been put on test identification parade nor has any recovery been made from his possession. On the last occasion, the petitioner was refused bail to enable him to move before the court below since there was an observation in the impugned order that he could renew the prayer after framing of charge. However, it appears that the petitioner was not released on bail despite framing of charges. In view of such, let the petitioner, above named, who is in custody since 6.6.2009, 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 the Additional Sessions Judge-cum- Fast Track Court No. IV, Darbhanga, in connection with S. Tr. No. 352 of 2009 arising out of Raiyam P.S. case no.29 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. The bailor will undertake to furnish information to the court about any change in the address of the petitioner, (ii)that the bailor shall - 2 - 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 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, Darbhanga, 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.)