IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12629 of 2010 BINOD MANJHI @ BAKHERWA SON OF LATE UMA MANJHI Versus STATE OF BIHAR ----------- 3. 24.6.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 394 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 suspected of the crime he was put on test identification parade on 6.1.2010 four months after the occurrence and two months after his arrest. It has further been submitted that it is a case of single identification and there has been no recovery from his possession. In view of such, let the petitioner above named, who is in custody since 20.10.2009, 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 the Railway Judicial Magistrate, Sonepur in Chapra Rail P.S.case No.57 of 2009, subject to the conditions (i) That one of the bailors shall be the mother of the petitioner and the other 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. The bailor will undertake to furnish information to the court about any change in the 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 - 2 - 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. It has been submitted that the petitioner is an accused in only two other cases besides the present one, which fact will be verified by the Magistrate concerned before releasing the petitioner on bail. Narendra/ ( Anjana Prakash, J. )