IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33980 of 2009 LURAK PASWAN SON OF JAMUNA PASWAN Versus STATE OF BIHAR ----------- 4. 27.11.2009 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. Taking into consideration the fact that the petitioner is not named in the first information report wherein two persons were named along with 20-25 unknown and the petitioner’s name transpired later on through the confessional statement of the co- accused, but there has been no recovery from his possession, let the petitioner above named, who is in custody since 2.12.2008, 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 Chief Judicial Magistrate, Gaya in Barachatii (Mohanpur) P.S.case No.155 of 2008, subject to the conditions (i) that one of the bailors will be a close relative of the petitioner who will give an affidavit 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 and (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 - 2 - 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. It has been submitted that the petitioner is an accused in only one other accused besides the present one which fact will be verified by the Magistrate concerned before releasing the petitioner on bail. Narendra/ ( Anjana Prakash, J. )