IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7743 of 2010 TUNTUN RAI @ DHANANJAY RAI, S/o Shri Shivdhari Rai. Versus THE STATE OF BIHAR ----------- 02. 22.03.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 395, 397 and 412 of the Indian Penal Code. When five persons committed dacoity two of them were caught at the spot while fleeing away and one of them disclosed the name of the petitioner. However, the petitioner has not been put on Test Identification Parade nor has any incriminating article been recovered from his possession. In view of such and also that the petitioner is in custody since 27.10.2009 and there is only one other case pending against him, 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 Sub-Divisional Judicial Magistrate, Bikramganj at Sasaram in connection with Dinara (Bhanas) P.S. Case No. 108 of 2007 (G.R. No. 528 of 2007/2277 of 2009) subject to the following conditions:- (i) That one of the bailors will be a close relative of the - 2 - 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 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. (iv) 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. The fact that the petitioner is accused in only one other case will be verified by the Magistrate concerned before releasing the petitioner on bail. Vikash/- (Anjana Prakash, J.)