IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45823 of 2009 SANJEEV YADAV @ KHONWA, son of Gharbhorm @ Bhoran Yadav Versus STATE OF BIHAR ----------- 02. 08.01.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 395 and 397 the Indian Penal Code. Taking into consideration the fact that petitioner is not named in the First Information Report nor were put on Test Identification Parade, there is no recovery from the possession of the petitioner and petitioner’s name has transpired only on the confessional statement of a co- accused for which he has remained in custody since 13.06.2009, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 5000/-(five thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Araria in connection with Sikty Police Station Case No. 135 of 2007, subject to the 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 2 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. It has been submitted that petitioner is an accused in only one other case i.e. Sikty P.S. Case No. 36 of 2004 which fact will be verified by the learned Magistrate before releasing the petitioner on bail. Shageer (Anjana Prakash, J)