IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21938 of 2009 PERMENDRA PASWAN S/O RAMDEO PASWAN, R/O VILL. DARAR, P.S. NAVI NAGAR, DISTRICT AURANGABAD …. PETITIONER Versus STATE OF BIHAR ----------- 4. 27.10.2009 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 395 of the Indian Penal Code. Taking into consideration the fact that the petitioner is not named in the first information report nor put on test identification parade and the only material against him is the confessional statement of the co- accused, for which he has remained in custody since 19.8.2007 and the report of the trial court is that the trial is not progressing on account of the fact that the petitioner is not being produced from Aurangabad jail, 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 to the satisfaction of Railway Judicial Magistrate, Gaya in connection with Sone Nagar Rail P.S.case No.2 of 2004 arising out of G.R.No.11 of 2004 Trial No.1861 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 - 2 - 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 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. Narendra/ ( Anjana Prakash, J. )