IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43795 of 2009 MD. ATAUR @ MD. ATABUL @ CHHOTU son of Md. Kamal Versus STATE OF BIHAR ----------- 2. 16.12.2009. Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under section 395 of the Indian Penal Code. Taking into consideration the fact that the petitioner is not named in the first information report nor has even put on T.I. Parade and there is no recovery of article from his possession but has been implicated in this case on the confessional statement of co-accused for which he has remained in custody since 23.6.2008, let the petitioner above named be released on bail on furnishing bail bond of Rs. 5,000/- with two sureties of the like amount each to the satisfaction of Additional Sessions Judge, Supaul in connection with S. Tr. No.67 of 2009 arising out of Kishanpur P.S. Case No.80 of 2008 subject to the following conditions: (a) 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, (b) 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 a proceeding for cancellation of bail on the ground of misuse. (c) that the petitioner will be well represented on each date - 2 - and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. Md.S. (Anjana Prakash,J.)