IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25977 of 2010 CHHOTAN CHOUDHARY @ BHALU CHOUDHARY SON OF SHYAM LAL CHOUDHARY Versus THE STATE OF BIHAR ----------- 2. 4.8.2010 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. It has been submitted that the petitioner is not named in the first information report and subsequently his name transpired in the confessional statement of the co-accused. During trial, no witness supported the case but the prosecution filed a petition u/s. 311 Cr.P.C. for additional evidence which is still on the point of hearing. Considering that the petitioner is in custody since 10.12.2006 and there is only one other case pending against him, 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 Additional District and Sessions Judge, Fast Track Court Vth, Buxar in S.Tr.No.290 of 2006 arising out of Dumraon (Naya Bhojpur) P.S.case No.234 of 2005, subject to the conditions (i) That one of the bailors shall be the brother 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 - 2 - 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, (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. Narendra/ ( Anjana Prakash, J. )