IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35934 of 2009 PANKAJ GIRI SON OF CHHEDI GIRI Versus STATE OF BIHAR ----------- 3. 5.1.2010 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 and 27 of the Arms Act. Taking into consideration the fact that the petitioner is not named in the first information report nor he has been identified in test identification parade and there is no recovery from his possession, let the petitioner above named, who is in custody since 17.6.2009, 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 Sub-Divisional Judicial Magistrate, Bikramganj (Rohtas) in Sanjhauli P.S.case No.4 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 of bail, (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 charge and if he fails to do so on two given dates - 2 - 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. The antecedent report of the petitioner shows that the petitioner is an accused in eleven other cases of more or less similar nature. So it will be in fitness of things that the petitioner report to the Superintendent of Police, Rohtas with a copy of the present order within 15 days of his release from jail custody, and every two weeks thereafter for next one year in which period his conduct will be kept under watch and if it is found wanting in any manner a report will be made by the Superintendent of Police to the court concerned. Thereafter, if the court receives any adverse report, it will proceed in the manner prescribed for cancellation of bail, for reasons of misuse of bail. Narendra/ ( Anjana Prakash, J. )