IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37142 of 2009 SARDAR HUSSAIN, SON OF YAKAB HUSSAIN Versus STATE OF BIHAR ----------- 5. 19/02/2010 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 the petitioner is in custody since 11.9.2007 only on account of confessional statement of co- accused and his own confession before the Police which has no legal value. In view of such submission, 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 F.T.C. –III, Madhubani, in connection with Rajnagar P.S. Case No. 62 of 2007 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 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. - 2 - Since the report of the trial court is that the last witness has been examined on 17.8.2009, and, therefore, there is every likelihood of the trial being protracted. S.Ali (Anjana Prakash, J.)