IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.105 of 2010 MD.ATTAUR @ MD.ATTABUL s/o Md. Kamal Versus STATE OF BIHAR ----------- 2/ 18.01.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under section 395 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 and there has been no recovery from his possession, let the petitioner, above named, who is in custody since 23.7.2008, 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 Additional Sessions Judge-cum- Fast Track Court No. II, Supaul, in connection with S. Tr. No.41 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, (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 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. Since the petitioner is accused in one another case - 2 - besides the present one and there is chance of repetition, it will be proper if the petitioner is directed to report the Imam of the Bari Mosque situated at Supaul, within two weeks of his release within a copy of this order. The Imam of the Mosque is requested to engage the present petitioner in fruitful activities for the next six months and at the end of six months, a certificate about his conduct will be given to the petitioner to be filed in the court below. JA/- (Anjana Prakash, J.)