IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.27692 of 2010 ATAUR RAHMAN @ GULAB son of Azizur Rahman Versus STATE OF BIHAR ----------- 2/ 18.08.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under section 379 of the Indian Penal Code. On 11.1.2010 vide Cr. Misc. No.45981 of 2010; this court had permitted withdrawal of the application since the court below had opined that the petitioner could renew his prayer for bail after remaining nine months in custody. The petitioner renewed his prayer for bail before the trial court on the ground that he had remained in custody for nine months but the trial court refused the prayer for bail on the ground that the trial is likely to commence shortly. However, considering that the petitioner is in custody since 7.10.2009, 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 to the satisfaction of the 1st Additional Sessions Judge-cum- Fast Track Court at Darbhanga, in connection with S. T. No.265 of 2010 arising out of Town P.S. Case No. 62 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 and the other bailor shall be the father of the petitioner . The bailors will undertake to furnish information to the court about any change in the address of the petitioner, (ii)That the - 2 - 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 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, Darbhanga, 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, a certificate will be filed by the petitioner before the court concerned. JA/- (Anjana Prakash, J.)