IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16027 of 2010 RAJESH SONAR @ RAJESH SONI, SON OF RAM BACHAN SETH Versus STATE OF BIHAR ----------- 2. 14.05.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 328 and 379 of the Indian Penal Code. The prosecution case is that the Informant after he returned from Mumbai, was drugged by some persons and his belongings were robbed. Later on, it is alleged that the Informant identified the petitioner on the basis of his photograph having been shown to him by the local police. The submission is that this is not a proper manner of identification of an accused and it has no value in the eye of law and probably he has been made accused merely on account of the fact that in the year 2007, he was an accused in case of similar nature. In view of such, let the petitioner above named, who is in custody since 22.1.2010, be released on bail on furnishing bail bond of Rs. 5,000/- (Five thousand) with two sureties of the like amount each to the satisfaction of Special Railway Judicial Magistrate, Gaya, in Sasaram (Dehri) Rail P.S. Case No. 7 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 he is related with the 2 petitioner and the other shall be the mother of the 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 the ground of misuse. (iii)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. (iv)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. S.Ali ( Anjana Prakash, J.)