IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25509 of 2010 MATEN ANSARI @ PUNMA, son of Late Jabber Ansari Versus SATTE OF BIHAR ----------- 3/ 08.10.2010 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 by order dated 28.01.2010 vide Criminal Misc. No.1472 of 2010, the petitioner was refused bail on the ground that he had been identified in the Test Identification Parade by one witness but during trial the said witness Maheshwar Marandi did not identify the petitioner. In view of such, 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/- (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 the Additional District Judge, IIIrd, Jamui, in connection with Jhajha P.S. Case No. 182 of 2009(Sessions Trial No.104 of 2010), subject to the conditions, (i) That one of the bailors 2 will be a close relative of the petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner and other bailor shall be the brother/father of the petitioner. The bailor will undertake to furnish information to the court about any change in the address of 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, and (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. Ashwini/ (Anjana Prakash, J.)