IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.12745 of 2010 MD.WAKIL MIYAN @ WAKIL MIYAN son of Lall Babu Mian Versus STATE OF BIHAR ----------- 2/ 26.04.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under section 392 of the Indian Penal Code. The present case has been instituted against three unknown miscreants but the witnesses specifically named two co- accused, namely, Digvijay Singh and Praveen Kumar, out of whom, co-accused Digvijay Singh disclosed the complicity of the petitioner. However, there has been no recovery from the possession of the petitioner and he is in custody since 9.2.2009. In view of such, let the petitioner, above named, 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, Khagaria, in connection with Alauli P.S. case no.83 of 2002, 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. The bailor will undertake to furnish information to the court about any change in the address of 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, - 2 - (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, 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. JA/- (Anjana Prakash, J.)