IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21750 of 2009 MD. USMAN SON OF LATE MD. SAJEED, RESIDENT OF VILLAGE KADAMPURA, P.S. KISHANPUR, DISTRICT SUPAUL …. PETITIONER Versus STATE OF BIHAR ----------- 4. 16.9.2009 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 and subsequently he was implicated on account of his wife’s protest against local police personnel but there is no material against the petitioner, let the petitioner above named, who is in custody since 6.2.2009, 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 Chief Judicial Magistrate, Supaul in Kishanpur P.S.case No.80 of 2008, subject to the condition 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. It has been stated that even though the case of the other co-accused persons has been committed but the petitioner’s case still before the Magistrate. Under the circumstances, the court concerned is directed to immediately serve the police papers on the - 2 - petitioner on a given date and thereafter committed the case for trial where Sessions Trial No.67 of 2009 is pending so that both the cases be amalgamated and proceeded together. The petitioner is further directed to receive the police papers within one week of his release from jail custody and in case he fails to do so, his bail will be liable to be cancelled. Narendra/ ( Anjana Prakash, J. )