IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.17513 of 2010 JAI RAM SHANI s/o Samli Shani Versus THE STATE OF BIHAR ----------- 2/ 19.05.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under section 394 of the Indian Penal Code. The petitioner is not named in the First Information Report and subsequently when he was arrested on suspicion, he is said to have confessed to have been involved in the present occurrence. However, there has been no recovery from his possession nor has he been put on test identification parade. It has been submitted that the petitioner is accused in only one other case which fact will be verified by the court below before releasing the petitioner on bail. In view of such, let the petitioner, above named, who is in custody since 14.8.2009, be released on bail on furnishing bail bond of Rs.5,000/- (five thousand) with three sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Lakhisarai, in connection with Suryagadha Kajra P.S. case no.235 of 2009, 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, second bailor of the petitioner will be father/mother and the third bailor will be local since the petitioner belongs to Patna district. The bailors will undertake to furnish information to the court about any change in the address of the - 2 - petitioner, (ii) That the affidavit shall clearly state that the petitioner is not accused in any other case and, if he is, he shall not be released on bail, (iii)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, (iv)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. JA/- (Anjana Prakash, J.)