IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28951 of 2009 NASEEM @ BILLA Son of Md. Abdul Rahman, Resident of Mohallah-Sadpura Baswari Tola, P.S.-Kazi Mohammadpur, District-Muzaffarpur. Versus THE STATE OF BIHAR ----------- 02. 18.08.2009 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 392/411 of the Indian Penal Code. Taking into consideration the submission that even though one mobile phone and wrist watch was recovered from the possession of the petitioner but it was not identified in the Test Identification Parade, petitioner above named who is in custody since 31.08.2008 is directed to 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 Sri Durgesh Mani Tripathi, Judicial Magistrate, 1st Class, Muzaffarpur in connection with Kazi Mohammadpur P.S. Case No. 131 of 2008 subject to the following 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 - 2 - 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. It is being stated in paragraph 8 that the petitioner is accused in only one case besides the present one. It will be open to the Magistrate to call for a report in this regard and only after having satisfied that he is accused in only one case the petitioner will be released on bail. Vikash/- (Anjana Prakash, J.)