IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12415 of 2010 RAM CHANDRA SHARMA S/O LAXMI SAHANI @ LAXMI SHARMA Versus STATE OF BIHAR ----------- 2. 22.4.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 394 of the Indian Penal Code. On 30.10.2009 the petitioner was refused bail on account of wrong submission having been made in the petition that he had no criminal antecedents, whereas he has one criminal case pending against him. The petitioner has renewed his prayer for bail after having remained in custody since 8.5.2009 only on the basis of suspicion since he is neither named in the first information report nor he has been put on test identification parade and there has been no recovery from his possession. In view of such, 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 Chief Judicial Magistrate, Saharsa in Simari Bakhtiyarpur P.S.case No.93 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. The bailor will undertake to furnish information to the court about any change in the address of the petitioner, (ii) that the bailor shall also state on affidavit that he will inform the court - 2 - 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 (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. The Magistrate concerned before releasing the petitioner on bail will verify that the petitioner is an accused in only one other case i.e. Bakhtiyarpur P.S.case No.65 of 2004, besides the present one. Narendra/ ( Anjana Prakash, J. )