IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17411 of 2010 MD. GUDDU @ SHAHID SON OF MD. TABREJ @ FIROJ Versus STATE OF BIHAR ----------- 3. 5.7.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 376 of the Indian Penal Code. The original enquiry report has been received with regard to the identity of the petitioner, which had been questioned by him before the court below as well as before this Court. The submission of the Counsel for the petitioner is that the petitioner, who has been remanded in the present case, is not Md. Guddu S/o Md. Tabrej, whereas the petitioner is Md. Shahid S/o Firoj. Such a petition was also filed by the informant that the petitioner, who had been remanded in the present case, was not the accused of the case. When an enquiry was done, it transpired that the petitioner in fact is not Md. Guddu S/o Md. Tabrej. In view of such, let the petitioner above named, who is in custody since 25.3.2010, 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, Araria in Araria P.S.case No.522 of 2006, 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. The bailor will undertake to furnish information to the court about any change in the address of the petitioner, (ii) - 2 - 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, his bail will be liable to be cancelled for reasons of misuse. The original documents along with lower court record and case diary sent by the Court be returned immediately to the Court concerned under sealed cover. Narendra/ ( Anjana Prakash, J. )