IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.40060 of 2009 ABU NASAR, S/O MD. MOJIB Versus STATE OF BIHAR **** /3/ 03.03.2010 Heard both the sides. 2. The petitioner seeks bail in a case instituted under Sections 395 and 397 of the Indian Penal Code. 3. Taking into consideration the fact that the petitioner is not named in the first information report and subsequently has been implicated on the basis of recovery of one D.V.D. which has not been put on test identification parade, let the petitioner, above named, who is in custody since 14.07.2009 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 Araria P.S. Case No. 139 of 2008 to the satisfaction of the Chief Judicial Magistrate, Araria, 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 case of similar nature after his release in the present case and thereafter the Court below will 2 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. 4. In view of the antecedent of the petitioner he is directed to appear before the Superintendent of Police, Araria, within a fortnight of his release from jail custody with a copy of this order and every two weeks thereafter for next six months. After reporting to the Superintendent of Police a certificate will be filed by the petitioner before the Court concerned. The Superintendent of Police is directed to keep a watch on the petitioner's conduct for the next six months and if it is found wanting in any respect the Superintendent of Police shall report the same to the Court concerned and the Court will initiate a proceeding for cancellation of bail. S.A. (Anjana Prakash, J.)