IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7948 of 2010 SANTOSH KUMAR @ SANTOSH YADAV, SON OF SRI MURARI YADAV Versus THE STATE OF BIHAR ----------- 3. 12/03/2010 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. The petitioner was refused bail by an order dated 20.11.2009, since he had been identified by three witnesses during investigation but the said witnesses have now been examined during trial and none of them have supported the case of prosecution on the point of identification. Under the circumstances, let the petitioner above named, who is in custody since 22.7.2008, 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 Chief Judicial Magistrate, Patna, Distt. Patna, in connection with Parsa Bazar P.S. Case No. 81 of 2008, G.R. No. 2763 of 2008 subject to the following 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 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 - 2 - 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. S.Ali (Anjana Prakash, J.)