IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.1543 of 2010 MUNNA HUSSAIN @ TASAUR HUSSAIN son of Taiyab Hussain, Resident of village- Barwa, P.S. Basantpur, District- Siwan ...Petitioner Versus STATE OF BIHAR ...OP ----------- 2/ 19.01.2010 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. It has been submitted that in the First Information Report it has been stated that miscreants had got off from white SUMO Car and committed the alleged occurrence but during investigation the present petitioner was nabbed being the owner-cum- driver of the Car which had been used which has now been changed to BOLERO cream coloured and, therefore, submission is that it does not tally with the description given in the First Information Report. Taking into consideration the aforementioned facts as also the fact that the petitioner was not put on test identification parade nor has anything been recovered from his possession, 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 Chief Judicial Magistrate, 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 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 - 2 - the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse, 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, which is mentioned in paragraph 41 of the case diary, will be properly verified by the Magistrate before releasing the petitioner on bail. JA/- (Anjana Prakash, J.)