IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30386 of 2009 BARNAT PASWAN, S/o Late Bindeshwar Paswan. Versus THE STATE OF BIHAR ----------- 04. 24.11.2009 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Section 398 of the Indian Penal Code. It has been submitted that the petitioner is not named in the First Information Report and later on some witnesses have merely stated that the petitioner along with some other persons were taking tea and later boarded the train in which the dacoity was committed. It has further been submitted that the petitioner is in custody since 08.05.2003 and he was remanded in the present case on 04.02.2008, despite petitioners for remand; which is very unfortunate and a major lapse on behalf of the investigating agency as well as the court below. 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 - 2 - satisfaction of Additional Sessions Judge, Barh, Patna in connection with Mokama Rail P.S. Case No. 19 of 2003 (S.Tr. No. 258 of 2008/1119 of 2004) 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 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. Vikash/- (Anjana Prakash, J.)