IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32583 of 2010 MALHA YADAV @ KAMLESH YADAV S/O LATE PARDIP YADAV Versus THE STATE OF BIHAR ----------- 3. 05.10.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 395 of the Indian Penal Code. It has been submitted that the petitioner was refused bail by an order dated 27.4.2010 vide Cr.Misc. No. 2092 of 2010 on the ground that one witness has named the petitioner during investigation but the said witness was examined as P.W. 2 during trial, who did not identify the petitioner. Considering the same, 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 or any other surety to be fixed by the court concerned to the satisfaction of Sessions Judge, Jehanabad in connection with Session Trial No. 172/2010 arising out of 2 Jehanabad P.S. Case No. 108/2008, subject to the conditions, (i) That one of the bailor will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner and the other bailor shall be the wife of the petitioner. The bailor will undertake to furnish information to the Court about any change in address of 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 ground of misuse, (iii) That the petitioner will be well represented on each date if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. Fahad. ( Anjana Prakash, J. )