IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.46355 of 2009 SANTOSH MAHTO @ BAUKA, S/O LATE RAMCHANDRA MAHTO Versus STATE OF BIHAR ----------- /2/ 12.01.2010 Heard both the sides. 2. The petitioner seeks bail in a case instituted under Section 395 of the Indian Penal Code. 3. Taking into consideration the fact that petitioner happens to reside within the same area as the informant, but, he has not been named in the first information report and his implication has transpired during confessional statement of the co-accused, let the petitioner, above named, who is in custody since 29.08.2009 be released on bail on furnishing bail bond of Rs.5,000/- (rupees five thousand) with two sureties of the like amount each in connection with Madhubani Nagar P.S. Case No. 629 of 2008 to the satisfaction of the Chief Judicial Magistrate, Madhubani, on 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 2 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 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 then his bail will be liable to be cancelled for reasons of misuse. S.A. (Anjana Prakash, J.)