IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.14995 of 2010 CHOTU KUMAR YADAV @ BHOLA @ BHOLA YADAV son of Lalla Yadav Versus STATE OF BIHAR ----------- 2/ 12.05.2010 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. The petitioner is not named in the First Information Report and subsequently, he was named in the confessional statement of the co-accused but not put on test identification parade and consequently, not identified therein. In view of such, let the petitioner, above named, who is in custody since 11.9.2009 and there is no other case pending against him, 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 the Chief Judicial Magistrate, Bhojpur at Arrah, in connection with Chouri P.S. case no.45 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. Another bailor shall be the father of the petitioner. The bailors will undertake to furnish information to the court about any change in the address of the petitioner. The court shall insist on proper identification of the petitioner and the bailors preferably with photograph so that there is no risk of mistaken identity , (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 - 2 - 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 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. The Magistrate before releasing the petitioner on bail will verify the fact that the petitioner is not accused in any other case besides the present one. JA/- (Anjana Prakash, J.)