IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24367 of 2010 BABLOO SINGH S/O LATE GIRDHARI SINGH Versus STATE OF BIHAR ----------- 4. 16.9.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 364 of the Indian Penal Code. It has been submitted that in the background of the case the delayed first information report is not trust worthy and in fact there is no eye witness to the occurrence since it is not believable that the sole eye witness would not disclose the matter to anyone till five days later. Considering the same, let the petitioner above named, who is in custody since 23.11.2009, be released on bail on furnishing bail bond of Rs.5,000/- (Five thousand) with two sureties of the like amount each or any other surety to be fixed by the court concerned to the satisfaction of Addl. Sessions Judge IV, Naugachhia in S.T.No.309 of 2010 arising out of Gopalpur (Rangra) P.S.case No.145 of 2007, subject to 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 - 2 - 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 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. It has been submitted that the petitioner is an accused in two other cases of dacoity, which fact will be verified by the Magistrate concerned before releasing the petitioner on bail. Narendra/ ( Anjana Prakash, J. )