IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41636 of 2009 FEROZ Son of Late Rahim Petitioner STATE OF BIHAR Opp. Party ----------- 02 02.12.2009 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 named in the first information report on the basis of confessional statement of co-accused and even though mobile is said to have been recovered but it is claimed to be of the petitioner himself and he has no criminal antecedent, let the petitioner who is in custody since 26.6.2009 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 the Chief Judicial Magistrate, Araria in Forbesganj P.S. Case no. 191 of 2009 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 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 do so on two given dates and delays the trial in any manner, his bail will be liable to - 2 - be cancelled for reasons of misuse (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. shahid (Anjana Prakash, J)