IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25913 of 2011 Dharmendra Paswan son of Late Parmeshwar Paswan Versus The State Of Bihar ----------- 2. 8.8.2011 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. It has been submitted that the petitioner’s name transpired in the confessional statement of the co-accused and in the trial nine witnesses have been examined but still four or five more are to be examined and undertakes to be physically present on each date in trial and his brother Surajbali Paswan is ready to stand surety for him. Considering the same as also that there is only one other case pending against the petitioner, 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 or any other surety to be fixed by the court concerned to the satisfaction of Sri S.Kumar Singh, Fast Track Court 5th, Begusarai in connection with S. Tr. No.362 of 2010 arising out of Barauni P.S. case No.100 of 2009, subject to the conditions (i) That one of the bailor shall be Surajbali Paswan, elder brother of the petitioner and the other bailor will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the - 2 - petitioner. The bailor will undertake to furnish information to the Court about any change in address of 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 ground of misuse, (iii) the petitioner shall be physically present on each date in trial and in case he fails to do so on two consecutive dates without any reasonable cause, his bail shall automatically be cancelled. Narendra/ ( Anjana Prakash, J. )