IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.38136 of 2009 BISHWAKARMA BIN @ BISHWAKARMA BIND, son of Ramdhari Bind, Residents of village- Baghauni, Bind Tola, P.S. Hussainganj, District- Siwan ...Petitioner Versus THE STATE OF BIHAR ...OP ----------- 2/ 05.11.2009 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under section 420/34 of the Indian Penal Code. Taking into consideration the submission that the only allegation in the first information report is that on earlier occasion the Mobile SIM recovered from the person of the present petitioner which on verification was not of a genuine person and thereafter this case has been instituted with allegation that co-accused Prabhat Prakash Garg @ Anu had obtained the mobile SIM in fake names and given it to the petitioner for using it for illegal purposes and therefore it appears that for same offence two cases have been filed, let the petitioner above named, who is in custody since 19th February, 2009, 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, Gopalganj, in connection with Gopalganj P.S. case no.293 of 2008, 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 - 2 - 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 reasons of misuse. The petitioner is directed to appear once in every two weeks before the Officer-in-charge, Gopalganj P.S. after his release from custody for next six months. The Officer-in-charge, Gopalganj P.S. will keep a watch on the petitioner’s activities for the next six months and if found to be unsatisfactory shall report the same to the court below. On receipt of such report, the concerned court is directed to initiate proceeding for cancellation of bail. Any failure on the part of the Officer-in-charge, Gopalganj P.S., in reporting about the activities of the petitioner to the court will have serious repercussions. JA/- (Anjana Prakash, J.)