IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9710 of 2010 LALAN YADAV SON OF BHAGWAT YADAV Versus THE STATE OF BIHAR ----------- For the petitioner : Mr. Jai Kumar, Advocate For the State : Mr.C. Jawahar,A.P.P. --------- 3. 09/04/2010 A supplementary affidavit has been filed on behalf of the petitioner. Let it be kept on the record. Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 395 and 412 of the Indian Penal Code. The petitioner was not named in the First Information Report and subsequently was identified in the Test Identification Parade by four witnesses namely, Ashok Mistry, Arun Sharma, Shambhu Mistry and Raj Nandan Mistry out of whom Ashok Mistry, Shambhu Mistry and Raj Nandan Mistry have been examined during trial and they have not identified the present petitioner. So far as the witness Arun Sharma is concerned, an affidavit has been filed today stating therein that when he went for examination, he was not examined by the trial court and was warned by him. In view of such, let the petitioner above named, who is in custody since 12.8.2008, 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 F.T.C.-1st, Patna, in Sessions Trial No. 2580 of 2008 arising out of Parsa Bazar P.S. Case No. - 2 - 81 of 2008 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. (iii)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. In view of the antecedents of the petitioner, the petitioner is directed to appear before the Superintendent of Police, Patna, within fifteen days of his release with a copy of this order and thereafter every two weeks for the next nine months. The conduct of the petitioner will be kept under watch in this period by the Superintendent of Police concerned and if it is found wanting in any respect, a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the Superintendent of Police, a certificate will be filed by the petitioner before the court concerned. S.Ali (Anjana Prakash, J.)