IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.14108 of 2010 PAPPU RATHAUR @ PAPPU LATHAUR, son of Patti Lathor Versus THE STATE OF BIHAR ----------- 2/ 05.05.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 395, 397 of the Indian Penal Code and section 27 of the Arms Act. The petitioner is not named in the First Information Report, wherein, it has been asserted by the informant that the accused persons had muffled their face to conceal their identity but subsequently, when the name of the petitioner transpired in the confessional statement, he was put on test identification parade and then the informant identified the petitioner. Submission is that since in the First Information Report itself it has been stated by the informant that the accused had muffled their face, there was no question of identifying him in the test identification parade subsequently. In view of such, let the petitioner, above named, who is in custody since 23.8.2009 and has no criminal antecedent, 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 the Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Hajipur Sadar P.S. case no.318 of 2009, 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. - 2 - The bailor will undertake to furnish information to the court about any change in the address of the petitioner, (ii) That the affidavit shall clearly state that the petitioner is not 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, his bail will be liable to be cancelled for reasons of misuse. JA/- (Anjana Prakash, J.)