IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.18506 of 2010 MD. AZIM MIAN S/o Md. Abdulla alias Bhageran Versus THE STATE OF BIHAR ----------- 5/ 09.02.2011 Heard learned counsel for the petitioner and the State. The petitioner was refused bail by order dated 29.01.2010 passed in Cr. Misc. No.1504 of 2010 since his complicity had arisen in course of investigation. The petitioner has renewed his prayer for bail on the ground that he is in custody since 03.10.2009 and only charges have been framed. Further submission is that the petitioner was not named in the First Information Report nor has he been identified in the test identification parade and there has been no recovery from his possession, but his complicity has arisen only on the basis of the fact that his SIM was found inserted in one of the looted mobiles which was recovered from co-accused Dharmendra. When the antecedent report of the petitioner was called for, it revealed that he has fair antecedent. Considering the same, 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 or any other surety to be fixed by the court below to the satisfaction of the Railway Judicial Magistrate, Patna, in connection with GRP Jehanabad P.S. Case No.01/2009, 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 2 petitioner and another bailor shall be Md. Israil elder brother 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 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. JA/- (Anjana Prakash,J.)