IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.24562 of 2009 SHAILENDRA KEWAT @ BAUNA, son of Sahadeo kewat @ Sukhari Kewat Versus STATE OF BIHAR ----------- 8/ 29.03.2010 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 is not named in the First Information Report and subsequently his involvement was traced when from his mobile calls were made to the looted calls and thereafter the petitioner’s name was disclosed in the confessional statement of the co-accused, his brother. However, there is no recovery from his possession nor has he been put on test identification parade. In view of the above and also that the petitioner is in custody since 26.5.2008, 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 the Additional Sessions Judge, III, Barh, Patna, in connection with S. Tr. No. 502 of 2009 arsing out of Mokama P.S. case no.72 of 2007, 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 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) - 2 - 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 nature of allegation, the petitioner is directed to appear before the Superintendent of Police, (Rural), Patna 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.)