IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21169 of 2010 SHIV RATAN CHOUDHARY @ SHIV RATAN SINGH SON OF SHRI RAM KRIT SINGH Versus THE STATE OF BIHAR ----------- 4. 30.8.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 392 of the Indian Penal Code. The petitioner was refused bail earlier by an order dated 5.1.2010 vide Cr.Misc.No.39925 of 2009, but he has renewed his prayer for bail after having remained in custody since 24.4.2009 and there is no progress in the trial. A report from the trial court has been received stating therein that charges have been framed on 3.8.2010, but till date no witness has obviously been examined. The petitioner is not named in the first information report but subsequently the informant identified the petitioner while he was standing near the betel shop as one of the persons who had snatched the motorcycle but was not put on test identification parade. Considering the same as also the submission that the petitioner has no criminal antecedents, 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 or any other surety to be fixed by the court concerned to the satisfaction of Chief Judicial Magistrate, Rohtas in Nokha P.S.case No.66 of 2009, subject to the conditions (i) That one of the bailors shall be - 2 - the father/brother/wife of the petitioner and the other bailor 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 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 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. The fact that the petitioner has no criminal antecedents will be verified by the Magistrate concerned before releasing the petitioner on bail. Narendra/ ( Anjana Prakash, J. )