IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16269 of 2010 VARUN SINGH, S/o Chulahai Singh. Versus THE STATE OF BIHAR ----------- 03. 02.07.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 394 and 302/34 of the Indian Penal Code. The petitioner was refused bail by order dated 29.10.2009 vide Cr. Misc. No. 18559 of 2009 but he has renewed his prayer for bail since the informant has failed to identify him during trial. The prosecution case is that in the course of dacoity the uncle of the petitioner was caught with incriminating articles who disclosed the name of the petitioner. During trial the informant was examined as P.W. 4 but failed to identify the petitioner as one of the miscreants. It is submitted that apart from the informant there is no other eye-witness to the occurrence. In view of such, let the petitioner, above named who is in custody since 23.01.2009 be released on bail on furnishing bail bond of Rs. 2 5,000/- (Five Thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-IX, East Champaran at Motihari in connection with S.Tr. No. 55 of 2010 arising out of Dhaka P.S. Case No. 30 of 2008 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 he is related with the petitioner and the other bailor shall be the father of the petitioner. The bailor will also undertake to inform the Court if there is 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. (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. In view of the antecedents of the petitioner, the petitioner is directed to appear before the Supdt. 3 of Police, East Champaran within fifteen days of his release with a copy of this order and thereafter every two weeks for the next nine months. The conduct of the petitioner will be kept under watch in this period by the S.P. concerned and if it is found wanting in any respect, a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the Superintendent of Police, a certificate will be filed by the petitioner before the court concerned. Vikash/- (Anjana Prakash, J.)