IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.45900 of 2009 MUSABBIR @ MALLICK @ MALLICK, S/O LATE HASI, R/O VILLAGE KADWA, P.S. KASBA, DISTRICT PURNEA .. Petitioner Versus STATE OF BIHAR .. Opposite Party **** /2/ 08.01.2010 Heard both the sides. 2. The petitioner seeks bail in a case instituted under Sections 399, 402, 414, 419 and 420 of the Indian Penal Code 25(1-b)a, 26 and 35 of the Arms Act. 3. Taking into consideration the fact that the petitioner was not arrested at the spot where four persons were arrested out of whom one disclosed the name of the petitioner for which the petitioner has remained in custody since 14.05.2009, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.5,000/- (rupees five thousand) with two sureties of the like amount each in connection with Kishanganj P.S. Case No. 321 of 2008 to the satisfaction of the Chief Judicial Magistrate, Kishanganj, on 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 2 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 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 then his bail will be liable to be cancelled for reasons of misuse. 4. It has been submitted that the petitioner is accused in four other cases so it will be in fitness of thing to direct the petitioner to appear before the Superintendent of Police, Purnea, within fifteen days of his release from the jail and every two weeks thereafter. The Superintendent of Police, Purnea, is directed to keep a watch on the petitioner’s conduct for the next six months and if it is found wanting any respect the Superintendent of Police should report the matter to the Court concerned and the Court concerned will initiate a proceeding to cancel the bail bond of the petitioner. S.A. (Anjana Prakash, J.)