IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.17155 of 2009 BISHUNDEO YADAV, son of late Sanichar Yadav, resident of village- Bela, Police Station- Belhar, District- Banka …Petitioner Versus THE STATE OF BIHAR …OP ----------- 4/ 19.08.2009 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 395,397 of the Indian Penal Code. Taking into consideration the fact that the petitioner is not named in the first information report nor identified in the test identification parade nor has any recovery been made from the person of the petitioner and also the fact that in the split up trial of the co-accused no witness has turned up to support the case of the prosecution, 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, Banka, in connection with Katoria (Suiya) P.S. case no.51 of 2008 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, (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 and (iii) that the petitioner will give an undertaking that he will receive the police papers on the given date and will not delay the trial. JA/- (Anjana Prakash, J.)