IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36977 of 2009 MUKESH KUMAR RAI @ MUKESH KUMAR, S/o. Ram Chandra Rai, r/o. Village- Rajghat, P.S. Katra, Distt. Muzaffarpur. Versus THE STATE OF BIHAR ----------- 02. 30.10.2009 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. Taking into consideration the fact that the petitioner is named in the first information report on the basis of vacillating identification, let the petitioner above named, be released on bail on furnishing bail bond of Rs.5000/-(Five thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Muzaffarpur in connection with Katra P.S. Case No.83 of 2009 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 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. 2 III. It has been submitted that the petitioner has no criminal antecedent and so the affidavit shall clearly state about the antecedent of the petitioner and it will be open to the Court concerned to call for a report about the antecedent of the petitioner from the Superintendent of Police and in case it is found to the contrary the court- below shall initiate a proceeding against the person who has sworn affidavit in the present bail application. Mkr. ( Anjana Prakash, J.)