IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.46316 of 2009 UPENDRA MAHTON, S/O LATE BAL GOVIND MAHTO, R/O VILLAGE & P.O. BAKRI, P.S. BAKRI, DISTRICT BEGUSARAI .. Petitioner Versus STATE OF BIHAR .. Opposite Party **** /2/ 12.01.2010 Heard both the sides. 2. The petitioner seeks bail in a case instituted under Section 397 of the Indian Penal Code. 3. It has been submitted that in the first information report the informant has stated that the occurrence was committed by miscreants aged about 25-30 years whereas the present petitioner is aged about 60 years as per the identity car annexed as Annexure 2. The petitioner is not named in the first information report and subsequently the only material that has transpired is that even the petitioner has boarded the train on which the dacoity had been committed. There is no recovery from his possession nor was he put on Test Identification Parade so, in fact, there is no legal evidence against the petitioner. 4. Taking into consideration the aforementioned fact as also the petitioner has no criminal antecedent, let the petitioner, above named, who is in custody since 27.08.2009 be released on bail on furnishing bail bond of Rs.5,000/- (rupees five thousand) with two sureties of the like amount each in connection with Khagaria Rail P.S. Case No. 49 of 2009 to the satisfaction of the Railway Judicial Magistrate, 2 Khagaria, on 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 affidavit shall clearly state that the petitioner is not an accused in any other case and if he is, he shall not be released on bail, (iii) 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 and (iv) 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 then his bail will be liable to be cancelled for reasons of misuse. S.A. (Anjana Prakash, J.)