IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.12286 of 2010 ARJUN RAM, son of Narayan Ram Versus THE STATE OF BIHAR ----------- 2/ 13.04.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 395/412 of the Indian Penal Code. The petitioner is not named in the First Information Report but has been implicated in the present case on account of the fact that he had purchased one of the looted mobile for a sum of Rs.600/- without taking necessary precaution about its source. In view of the fact that the petitioner has not been put on test identification parade, let the petitioner, above named, who is in custody since 31.1.2010 and has no criminal antecedent, 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 Sri A. K. Pandey, Railway Judicial Magistrate, Kiul, in connection with Jamalpur Rail P.S. case no. 6 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. The bailor will undertake to furnish information to the court about 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 - 2 - 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)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, and (v) 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. JA/- (Anjana Prakash, J.)