IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2225 of 2010 CHANDAN KUMAR SINGH @ CHANDAN SINGH, S/o Bijendra Singh. Versus THE STATE OF BIHAR ----------- 03. 17.03.2010 A supplementary-affidavit has been filed bringing on record the antecedent of the petitioner as well as the status of the trial. Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 395, 412 and 120B of the Indian Penal Code. The petitioner is not named in the First Information Report and subsequently on the confessional statement of the co-accused the petitioner’s house was raided from where Rs. 41,540/- was recovered which was allegedly subject matter of the present loot. The petitioner claims money to be his own since one month prior to the occurrence the father of the petitioner had sold certain piece of land through registered sale deed and the money recovered was proceeds of the same. Even though the confessional statement, there was a - 2 - mention of petitioner having purchased motor-cycle from the looted amount, the assertion is that the motorcycle has been purchased before the present occurrence so there was no question of the looted amount being used for the purchase of the same. In the supplementary-affidavit it has also been asserted that the petitioner is accused in only two other cases, one case of Section 307 of the Indian Penal Code and the other case mentioned in the case diary in which he has already been acquitted by the trial court. Now fourteen witnesses have been examined in the trial and none of the witnesses has stated that the petitioner was one of the miscreants who committed the offence. Under the circumstances, let the petitioner above named who is in custody since 22.09.2009 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 Chief Judicial Magistrate, Katihar in connection with Mansahi P.S. Case No. 58 of 2009 (G.R. No. 1872 of 2009) 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 - 3 - 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 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. The trial court will verify the fact that the petitioner has not been identified by any of the witnesses during trial and then release the petitioner on bail. Vikash/- (Anjana Prakash, J.)