IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.12263 of 2010 BABU RAM PAL son of Late Chhedi Pal Versus STATE OF BIHAR ----------- 2/ 21.04.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 144/427 of the Indian Penal Code, section 3 of the Explosives Substance Act, section 3 of Prevention of Damage to Public Property Act and section 17 of the Criminal Law Amendment Act. Considering that petitioner is not one of the thirty six persons named in the First Information Report and his name transpired during investigation, but no specific overt act has been alleged against him, let the petitioner, above named, who is in custody since 9.11.2009, 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 the Fast Track Court No. II, Aurangabad, in connection with Sessions Trial No. 01 of 2010 (Deo P.S. case No.120 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 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 - 2 - cancellation of bail on the ground of misuse, 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. In view of the nature of offence, the petitioner is directed to appear before the Superintendent of Police, Aurangabad, within fifteen days of his release with a copy of this order and every two weeks thereafter for the next nine months. The conduct of the petitioner will be kept under watch in this period by the Superintendent of Police 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. JA/- (Anjana Prakash, J.)