IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44279 of 2009 SOHAN DOM @ SOHAN KUMAR, S/o Late Nanhak Dom Versus STATE OF BIHAR ----------- 2 18.12.2009 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 379 of the Indian Penal Code. Taking into consideration the fact that the petitioner is not named in the first information report nor have been put on T.I. parade and there has been no recovery from the possession and the only material collected against the petitioner is exculpatory statement, let the petitioner above named, who is in custody since 6.9.2004, 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 learned Assistant Sessions Judge, Danapur in connection with S.Tr. No. 916 of 2006 arising out Danapur P.S. Case No. 349 of 2004, subject to the conditions (i) that one of the bailors will be a close relative of the petitioner who will give an affidavit genealogy as to how he is related with the petitioner, (ii) that the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is 2 implicated in any other case of similar nature after his released 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 trial court is directed to take all effective steps for production of the witnesses including writing to the S.P. for the same. Spd/- (Anjana Prakash, J.)