IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26283 of 2010 AJAY DAS SON OF BHOLA DAS Versus STATE OF BIHAR ----------- 2. 6.8.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 394, 302, 201 and 120B/34 of the Indian Penal Code. The petitioner was refused bail earlier by an order dated 22.1.2010 vide Cr.Misc.No.29752 of 2009 on the ground that the petitioner’s identity has been fixed by the court below as per specification given by informant. The petitioner has renewed his prayer for bail on the ground that now the informant has resiled from his earlier identification with regard to the petitioner, which is evident from his deposition annexed as Annexure-3 here. Considering the same, let the petitioner above named, who is in custody since 9.3.2009, 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 Additional District and Sessions Judge, F.T.C.No.IIIrd, Bettiah (West Champaran) in S.Tr.No.112 of 2010 arising out of Chanpatiya P.S.case No.176 of 2008, subject to the conditions (i) That one of the bailors shall be the wife/brother of the petitioner and the other bailor will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will undertake to furnish information to the court about any change in the address of the - 2 - petitioner, (ii) that the affidavit shall clearly state that the petitioner is not an accused in any other case and if he is he shall not be released on bail, (iii) 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 and (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. Narendra/ ( Anjana Prakash, J. )