IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44038 of 2009 1. DILIP PASWAN S/O LATE HARI PASWAN ALIAS SIDHESHWAR PASWAN R/O MOH- MURLI HILL, STATION ROAD, P.S- KOTWALI, DISTT- GAYA. Versus 1. THE STATE OF BIHAR with Cr.Misc. No.849 of 2010 ASHISH KUMAR SINGH, S/o Late Raghuvir Singh. Versus THE STATE OF BIHAR ----------- 04. 09.03.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offences under Section 395 of the Indian Penal Code. It has been submitted that the petitioners are not named in the First Information Report and pursuant to the confessional statement of the co- accused wherein the petitioners were named, not put on test identification parade, nor has there been any recovery from their possession and in fact they are in custody since 21.11.2008 and 22.09.2008 respectively, let the petitioners above named be released on bail on furnishing bail bonds of Rs. 5,000/- (Five Thousand) each with two sureties of the like amount each to the satisfaction of Sub-Divisional - 2 - Judicial Magistrate, Sherghati (Gaya) in connection with Barachatti (Mohanpur) P.S. Case No. 155 of 2008 subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners. (ii) That the bailor shall also state on affidavit that he will inform the court concerned if the petitioners are implicated in any other case of similar nature after their 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 petitioners will give an undertaking that they will receive the police papers on the given date and be present on date fixed for charge and if they fail to do so on two given dates and delays the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. (iv) That the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. In view of the antecedents of the petitioners, the petitioners are directed to appear before the - 3 - Supdt. of Police, Gaya within fifteen days of their release with a copy of this order and thereafter every two weeks for the next six months. The conduct of the petitioners will be kept under watch in this period by the S.P. concerned and if it is found wanting in any respect, a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the Superintendent of Police, a certificate will be filed by the petitioners before the court concerned. Vikash/- (Anjana Prakash, J.)