IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2557 of 2010 DEEPAK GHOSH, Son of Amit Ghosh, Village- Baidobati, P.S. Baidobati, District- Hugli( West Bangal).....................................................Petitioner. Versus THE STATE OF BIHAR.............................................Opposite Party. ----------- 2. 03.02.2010. 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. Pursuant to the First Information Report having been instituted seven persons were arrested out of whom three persons were put on Identification Parade i.e., Sanjay Singh, Santosh Singh and Sarwesh Kumar Shrivastava and were identified by the witnesses, the driver and Khalasi. The petitioner’s name transpired in the confessional statement of the co-accused Munna Singh, but there has been no recovery from his possession nor has he been put on Test Identification Parade. From the materials in the case diary, it appears that he has primarily been implicated on account of the fact he was accused in Rajauli P.S. Case No. 119 of 2008 dated 12.09.2008. Taking into consideration the aforementioned fact, 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 Learned C.J.M., Gopalganj in connection with Mohammadpur P.S. Case No. 67 of 2008 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 2 he is related with the petitioner, (ii) that the bailors 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 of bail 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, his bail will be liable to be cancelled for reasons of misuse. The fact that the petitioner is accused in only one other case i.e., Rajauli P.S. Case No. 119 of 2008 will be verified by the Magistrate before releasing the petitioner on bail. U.K. (Anjana Prakash,J)