IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.32003 of 2011 Maiful, son of Asruddin Versus The State Of Bihar ---------------------------------- 2. 26.09.2011 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 395 and 397of the Indian Penal Code. It appears that the petitioner was not named in the First Information Report but subsequently named in the confessional statement of the co-accused. Even though, the case is of the year 2001 and the petitioner is in custody only since 3.8.2011 and the case is pending for commitment. Considering that the petitioner kept absconding for a number of years, I am not inclined to grant bail to the petitioner at this stage. The prayer for bail is rejected. However, since the only material against the petitioner is the confessional statement of the co-accused, let the petitioner above named, be released on bail after framing of charge, 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 concerned to the satisfaction of Chief Judicial Magistrate, Katihar, in connection with Barsoi P.S. Case No. 78 of 2001, subject to the following conditions: (i) That one of the bailors will be a close relative of 2 the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner. (ii) That the affidavit shall clearly state that the petitioner is not an accused in any other case and if he is he shall not be released on bail. (iii) 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. (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. S.Ali ( Anjana Prakash, J.)