IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42582 of 2009 KAMLESH PASWAN SON OF LATE RAM NARAYAN PASWAN Versus STATE OF BIHAR ----------- 3. 29.1.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 272, 273 of the Indian Penal Code and 47(A) of the Excise Act. Taking into consideration the fact that the recovery was made from an open space and not the conscious possession of the petitioner, let the petitioner above named, who is in custody since 6.9.2009, 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 A.C.J.M., Hilsa, Nalanda in Hilsa (Karai Parsurai) P.S.case No.63 of 2009, subject to the conditions (i) that one of the bailors will be a close relative of the petitioner who will give an affidavit 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 of bail and (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. Narendra/ ( Anjana Prakash, J. )