IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38819 of 2010 SUJIT SAH @ SUJIT KUMAR SAH Versus STATE OF BIHAR ----------- 2. 27.10.10. Heard learned counsels for the petitioner and the State. The petitioner is languishing in custody since 28.06.2010 in a case registered under Section 395 of the I.P.C. The petitioner is not named in the F.I.R. but subsequently petitioner’s name transpired on confession of co-accused. It is further submitted that no recovery has been made from possession of the petitioner and similarly situated accused Babloo Mahto has been granted bail vide Cr. Misc. No. 28469 of 2010. Considering the aforesaid facts, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M. Sitamarhi in connection with Belsand P.S. Case no.30 of 2010 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 is related with the petitioner. The bailor will 2 undertake to furnish information to the court about any change in address of the petitioner. (ii) That the affidavit shall clearly state that the petitioner is an accused in only one other case instituted on the same day and none other and in case it is found incorrect, 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. (v) 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. U.K. (Dinesh Kumar Singh,J.)