IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8488 of 2010 MD. RAZZAQUE SON OF HANIF Versus THE STATE OF BIHAR ----------- 2. 11.3.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 395 and 397 of the Indian Penal Code. It has been submitted that the petitioner is not named in the first information report and subsequently when he was arrested with arms, he confessed to have been involved in the present case as well and, therefore, has been remanded in this case. Pursuant to his statement neither he has been put on test identification parade nor has any recovery been made from his possession. Therefore, there is no legal evidence against the petitioner. Under the circumstances, let the petitioner above named, who is in custody since 30.9.2009, 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 Chief Judicial Magistrate, Araria in Araria P.S.case No.282 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 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 - 2 - initiate the proceeding for cancellation of bail on the ground of misuse, (iii) 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 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. In view of the antecedents of the petitioner, the petitioner is directed to appear before the Superintendent of Police, Araria within fifteen days of his release with a copy of the present 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 S.P. concerned and if it is found wanting in any manner a report will be made by the Superintendent of Police to the court concerned 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. Narendra/ ( Anjana Prakash, J. )