IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45811 of 2009 MD.FIROZ, son of Late-Rahim Versus STATE OF BIHAR ----------- 02. 08.01.2010 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. Submission of the counsel for the petitioner is that petitioner was not named in the First Information Report and subsequently was named in the confessional statement of co-accused Md. Siddique on account of which when the petitioner was searched a Nokia Mobile was recovered and therefore he was remanded in Forbesganj (Simraha) P.S. Case No. 187 of 2009 but there were no document to support that the mobile belongs to the present informant. Further submission is that there is no legal evidence against the petitioner in the present case and apart from Simraha P.S. Case No. 191 of 2009 and the present case, there is no criminal antecedent against the petitioner. Let the petitioner above named, be released on bail on furnishing bail bond of Rs. 5000/-(five thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Araria in connection with Forbesganj(Simraha) Police Station Case No. 187 of 2009, 2 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 (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. Shageer (Anjana Prakash, J)