IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.32013 of 2011 Hari Sahani, son of Payare Sahani. Versus The State Of Bihar ---------------------------------- 3 19.12.2011 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. It has been submitted that the petitioner is not named in the first information report and subsequently the witnesses declined to appear for the test identification parade stating that they had not identified any accused persons on account of darkness. The witnesses also allegedly stated that the petitioner and co-accused had called up and had told them that if they helped them they could be released from jail custody. It has been submitted that the petitioner is in custody since 21.02.2011 and the petitioner’s brother Umesh Sahani undertakes his responsibility. Considering the same, 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 or any other surety to be fixed by the court below to the satisfaction of Chief Judicial Magistrate, East Champaran, Motihari, in connection with Pipra P.S. Case No. 138 of 2010 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 and another bailor shall be the brother of the petitioner namely Umesh Sahani. The bailors will undertake to furnish information to the court about any change in the address of the petitioner, (ii) That 2 the bailors shall also state on affidavit that they 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 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. In view of the antecedents of the petitioner, the petitioner is directed to appear before the Superintendent of Police, East Champaran, Motihari 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, East Champaran MKotihari, a certificate will be filed by the petitioner before the court concerned. Md. Ibrarul ( Anjana Prakash, J.)