IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44565 of 2009 BHOLA MALIK SON OF ADESH MALIK Versus STATE OF BIHAR ----------- 4. 6.5.2010 Supplementary affidavit filed today be kept on the record. Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 396 of the Indian Penal Code. The petitioner is not named in the first information report and subsequently in paragraph 23 of the case diary he was suspected to have committed this crime and in paragraph 39 of the case diary another witness said that he had seen the petitioner boarding the said train. It has been submitted that the petitioner has no criminal antecedents, which fact will be verified by the Magistrate concerned before releasing the petitioner on bail. In view of such, let the petitioner above named, who is in custody since 2.5.2006, 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 4th Additional Sessions Judge, Bettiah (West Champaran) in Sessions Trial No.636 of 2006 arising out of Narkatiaganj G.R.P.S.case No.16 of 2006, subject to the conditions (i) That one of the bailors shall be the father of the petitioner and the other will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with - 2 - the petitioner. The bailor will undertake to furnish information to the court about any change in the address of the petitioner, (ii) that the affidavit shall clearly state that the petitioner is not an accused in any other case and if he is he shall not be released 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 and (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 identification of the petitioner and bailors shall be fixed preferably with photographs so that there is no mistake about their identity. Narendra/ ( Anjana Prakash, J. )