IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29945 of 2009 CHANDRA BHUSHAN YADAV @ BANTI YADAV SON OF BIRENDRA YADAV Versus THE STATE OF BIHAR ----------- 4. 23.12.2009 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 392 of the Indian Penal Code. Taking into consideration the fact that the petitioner is not named in the first information report nor he has been identified in the test identification parade nor the looted motorcycle was recovered from his possession and apart from a vague allegation from undisclosed sources that the petitioner was involved in the present case, there is no cogent material against him, let the petitioner above named, who is in custody since 9.3.2009, 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 Sri V. Kumar, Judicial Magistrate First Class, Supaul in Triveniganj P.S.case No.30 of 2005 (G.R.No.140 of 2005), 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 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 - 2 - 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 for reasons 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 petitioner on his release from jail custody will present himself before the Superintendent of Police, Supaul with a copy of the present order within 15 days of his release and thereafter every two weeks for the next nine months in which period the Superintendent of Police, Supaul will keep on watch on the petitioner’s conduct and if it is found wanting in any manner a report will be made by the Superintendent of Police to the court concerned, who will initiate a proceeding for cancellation of bail for reasons of misuse of bail. Narendra/ ( Anjana Prakash, J. )