IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4907 of 2010 CHHOTU MISHRA, S/o Surendra Mishra. Versus THE STATE OF BIHAR ----------- 03. 13.04.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Section 379 of the Indian Penal Code. The petitioner is not named in the First Information Report and subsequently he was identified by the informant in the Test Identification Parade. The submission is that from the narrative of the First Information Report itself it appears that he was not an eye-witness to the actual occurrence and therefore was not a competent witness. It is submitted by the APP that in the further statement the informant is said to have identified certain persons who were hovering around him in the bank when he was withdrawing the money but the Test Identification Parade Chart does not show that the petitioner was identified as one of the persons in the - 2 - bank and it is only generally said that he was seen in a standing order. In view of such and also that the petitioner has no criminal antecedent, 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 to the satisfaction of Chief Judicial Magistrate, Begusarai in connection with Barauni (Refinery) P.S. Case No. 224 of 2009 subject to the following 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. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner. (ii) That the affidavit shall clearly state that the petitioner is not 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. (iv) - 3 - 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 and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse. Vikash/- (Anjana Prakash, J.)