IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2927 of 2010 MD. MUMTAZ, SON OF LATE AZIZUR RAHMAN, RESIDENT OF MOHALLA-MADHOPUR, DIGHARUA, P.S. TAJPUR, DISTRICT-SAMASTIPUR…...PETITIONER. Versus THE STATE OF BIHAR………………OPPOSITE PARTY. -------- For the Petitioner : Mr. S.K. Bhatnagar, Advocate. For the State : Mr. Chandra Sen Prasad Singh, A.P.P. ----------- 5. 31.3.2010. Heard learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner is an accused in a case registered under Section 392 of the Indian Penal Code. Earlier, the prayer for bail of the petitioner had been rejected vide order dated 26.11.2009 passed in Criminal Misc. No.40510 of 2009 as contained in Annexure-‘1’ to the application. It has been submitted on behalf of the petitioner that he is not named in the First Information Report though he belongs to the same village to which the informant belongs, however, very surprisingly the informant has identified him at T.I. Parade. It has also been submitted that - 2 - the antecedent of the petitioner is clean and he is in custody since 11.8.2009. I have perused the report of the concerned Judicial Magistrate, kept at flag ‘X’, wherein it has been stated that cognizance has been taken on 28.1.2010. Having regard to the facts and the circumstances of the case, the petitioner, Md. Mumtaz, is directed to be released on bail on his furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Samastipur, in connection with Tajpur P.S. Case No.292/09, with a further condition that one of the bailors of the petitioner must be the close relative or his family member, who will file affidavit before the court below giving full genealogy showing his or her relationship with the petitioner. Further, after his release in this case, if the petitioner is again found to be involved in criminal case of similar nature, the court concerned would be at liberty to take steps for cancellation of his bail bonds. Further, petitioner shall remain present in the court below on each and every date during the course of the trial. - 3 - If the petitioner fails to remain present on two consecutive dates during the course of the trial without sufficient cause shown, the court concerned would be at liberty to take steps for cancellation of his bail bonds. P.S. (Dr. Ravi Ranjan,J)