IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.1054 of 2010 SATISH YADAV, S/O RAMLAKHAN SINGH Versus THE STATE OF BIHAR **** /2/ 13.01.2010 Heard both the sides. 2. The petitioner seeks bail in a case instituted under Sections 395 and 397 of the Indian Penal Code. 3. The petitioner had been granted bail by an order, dated 02.12.2009, passed in Cr. Misc. No. 41639 of 2009, on the submission that the petitioner had no criminal antecedent and was, therefore, required to file an affidavit, in this regard, in the Court below. However, since the petitioner had criminal antecedent he was not in a position to do the same and, therefore, was not released. Now a fresh bail application has been filed explaining the antecedent of the petitioner that the petitioner was an accused in two other cases, but, his name had transpired on mere suspicion and when put on Test Identification Parade he was not identified as per the test identification chart annexed at Annexures 3 and 3A. 4. Taking into consideration the said fact, let the petitioner, above named, who is in custody since 10.09.2009 be released on bail on furnishing bail bond of Rs.5,000/- 2 (rupees five thousand) with two sureties of the like amount each in connection with Rafiganj P.S. Case No. 4 of 2009 to the satisfaction of the Chief Judicial Magistrate, Aurangabad, 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 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 then his bail will be liable to be cancelled for reasons of misuse and (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. 5. Let the petitioner report the Superintendent of Police, Aurangabad, since the petitioner is accused in similar type of cases, it is that the petitioner is directed to report to 3 the Superintendent of Police, Aurangabad, within two weeks of his release from the jail and every two weeks thereafter for rest six months. The Superintendent of Police, Aurangabad, is directed to keep watch on the petitioner's conduct for the next six months and if it is found wanting in any respect the Superintendent of Police should report the matter to the Court concerned and the Court will then initiate a proceeding for cancellation of bail. S.A. (Anjana Prakash, J.)