IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30029 of 2009 SANJAY BANERJEE, S/o Late Sishir Banerjee. Versus 1. THE STATE OF BIHAR. 2. Sheo Sagar Kumar, S/o Late Sarbjeet Kumar. ----------- 04. 25.11.2009 On earlier occasions the complainant has been noticed both by ordinary as well as registered post but the complainant could not be located so the matter has now been heard without the complainant on merits. Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Section 420 of the Indian Penal Code and Section 138 of Negotiable Instrument Act. Taking into consideration the fact that the petitioner has remained in custody since 13.02.2009, 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 Sri Sunil Kumar Singh, Judicial Magistrate, 1st Class, Patna (or his successor in the office) in connection with Complaint Case No. 764(c) - 2 - of 2007 subject to the following 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. (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. Vikash/- (Anjana Prakash, J.)