IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11561 of 2010 VIJAY YADAV @ VIJAY KUMAR, SON OF BABAN GOPE Versus THE STATE OF BIHAR ----------- For the petitioner : Mr. Sudish Kumar, Adv. For the State : Mr. C. Jawahar, A.P.P. --------- 2. 09/04/2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 395 and 412 of the Indian Penal Code. The petitioner was refused bail earlier by an order dated 20.11.2009 on account of the fact that the petitioner was identified by two witnesses namely Rajan Mistry and Arun Sharma. However, during trial the said Ranjan Mistry did not identify the present petitioner and Arun Sharma was warned not to give his evidence by the trial court as submitted in Cr. Misc. No. 9710 of 2010 arising out of the same case. In view of such and also that the petitioner is in custody since 22.7.2008, let the petitioner above named, 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 Additional Chief Judicial Magistrate, Danapur, Patna, in Parsa Bazar P.S. Case No. 81 of 2008 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 petitioner. (ii)That the bailor shall also state on affidavit that he will inform the court - 2 - 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 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. In view of the antecedents of the petitioner, the petitioner is directed to appear before the Superintendent of Police, Patna, within fifteen days of his release with a copy of this order and thereafter every two weeks for the next nine months. The conduct of the petitioner will be kept under watch in this period by the Superintendent of Police 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 petitioner before the court concerned. S.Ali (Anjana Prakash, J.)