IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45033 of 2009 HAFIZ MIAN @ HAFIZ MANSOORI, S/o Late Ganu Mohammad Mansoori. Versus THE STATE OF BIHAR ----------- 03. 04.03.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Section 395 of the Indian Penal Code. The petitioner is not named in the First Information Report and subsequently a mobile phone was recovered which was alleged to be the subject matter of the present dacoity. However, the submission is that the same does not tally with the one mentioned in the First Information Report. Moreover, for the same recovery the petitioner has been remanded in two cases. The further submission is that in fact the petitioner is repeatedly roped in false cases on account of hostile attitude of the local police. Under the circumstances, let the petitioner above named who is in custody since 12.07.2009 be released on bail on furnishing bail bond of Rs. 5,000/- (Five Thousand) with two sureties of the like - 2 - amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Raxaul, East Champaran, Motihari in connection with Adapur P.S. Case No. 39 of 2009 subject to the following 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, his bail will be liable to be cancelled for reasons of misuse. In view of the antecedent of the petitioner, the petitioner is directed to appear before the Supdt. of Police, East Champaran, Motihari within fifteen days of his release with a copy of this order and - 3 - thereafter every two weeks for the next six months. The conduct of the petitioner will be kept under watch in this period by the S.P. concerned and if it is found wanting in any respect, a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the Superintendent of Police, a certificate will be filed by the petitioner before the court concerned. Vikash/- (Anjana Prakash, J.)