IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8499 of 2010 SAHEB MIAN, S/o Late Ahmad Mian. Versus THE STATE OF BIHAR ----------- 04. 21.06.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Section 392 of the Indian Penal Code. It has been submitted that the petitioner was named during investigation by police spy on 28.06.2005 but there has been no recovery from his possession nor has it been explained as to why he was not arrested for the next two years even after the said statement. It has further been submitted that the petitioner is accused in only one other case i.e. Yogapatti P.S. Case No. 23 of 2004 which fact will be verified by the Magistrate before releasing the petitioner on bail. In view of above and the fact that the petitioner is in custody since 27.11.2009, 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 Chief Judicial Magistrate, Bagaha, West Champaran in connection with Chautarwa P.S. Case No. 57 of 2005 subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will 2 give an affidavit giving genealogy as to how he is related with the petitioner and the other bailor shall be the mother/wife of the petitioner. The bailor will also undertake to inform the Court if there is 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 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. (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. Vikash/- (Anjana Prakash, J.)