IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.44237 of 2009 MUMTAZ AHMAD KHAN @ MUNNA KHAN S/O LATE WASEE AHMAD KHAN @ BADRU KHAN R/O VILL-MOHAMMADPUR BUJURG (MARICHA), P.S- SARAI, DISTT- VAISHALI .. Petitioner Versus THE STATE OF BIHAR .. Opposite Party **** /2/ 07.01.2010 Heard both the sides. 2. The petitioner seeks bail in a case instituted under Section 394 of the Indian Penal Code. 3. Taking into consideration the fact that the articles recovered from the house of the petitioner was not put on Test Identification Parade and the petitioner has no case of similar nature, pending against him, let the petitioner, above named, who is in custody since 15.08.2009 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 Kurhani P.S. Case No. 95 of 2009 to the satisfaction of the Sub Divisional Judicial Magistrate, Muzaffarpur, 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, 2 (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 and (iv) 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 was previously an accused in a case instituted under Section 436 of the Indian Penal Code, but, he has been acquitted for the charges thus in effect there is no case pending against him. S.A. (Anjana Prakash, J.)