IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.2036 of 2010 MD.DULARE @ DULARE SEKH, son of Md. Nurool Sekh Versus STATE OF BIHAR ----------- 2/ 01.02.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under section 379/34 of the Indian Penal Code. Taking into consideration the fact that the petitioner is neither named in the First Information Report nor put on test identification parade and his name transpired on the confessional statement of the co-accused but there is no recovery from his possession, let the petitioner, above named, 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, Sitamarhi, in connection with Sitamarhi P.S. case no.249 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 initiate the proceeding for cancellation of bail on the ground of misuse, and (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 - 2 - reasons of misuse. It appears that the petitioner has criminal antecedent of similar nature of cases and, so, it will be desirable that petitioner be directed to appear before the Superintendent of Police, Sitamarhi, within fifteen days of his release with a copy of this order and every two weeks thereafter for the next six months. The conduct of the petitioner will be kept under watch in this period and if it is found wanting in any respect, a report shall be made by the S. P., Sitamarhi, to the court concerned, who will then initiate a proceeding for cancellation of bail for the reasons of misuse of bail. JA/- (Anjana Prakash, J.)