IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12978 of 2010 BINOD CHOUDHARY SON OF RAM SARAN CHAUDHARY Versus STATE OF BIHAR ----------- 4. 23.8.2010 Learned Counsel for the petitioner is permitted to make correction in paragraph 1 and prayer portion of the petition in course of the day. 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 is not named in the first information report and subsequently the signatory of the first information report named the petitioner as being involved in the occurrence but without any explanation as to why he did not name the petitioner at an earlier point in time. Considering the same as also that the petitioner has no criminal antecedents and is in custody since 15.12.2009, let the petitioner above named, who is in custody since 15.7.2009, 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 Sessions Judge, Jehanabad in S.Tr.No.112 of 2010 arising out of Makdumpur P.S.case No.374 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, (ii) that the affidavit shall clearly state that the petitioner is not an accused in any other case and if he is - 2 - 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 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. Narendra/ ( Anjana Prakash, J. )