IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24191 of 2009 BALI RAM SAH, SON OF PARSURAM SAH Versus STATE OF BIHAR ----------- 03. 20.11.2009 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Section 396 of the Indian Penal Code. It has been submitted that in the First Information Report certain names of miscreants have been disclosed but without parentage. Later on during investigation and on the basis of confessional statement of a co-accused the name of Bali Ram Sah son of Ram Chandra Sah was revealed as one of the accomplices and thereafter process under Section 82/83 Cr.P.C. was also conducted against the said Bali Ram Sah son of Ram Chandra Sah. Suddenly in the year 2007 the petitioner is being sought to be made an accused replacing Bali Ram Sah son of Ram Chandra Sah without any basis. Under the circumstances, let the petitioner above named who is in custody since 18.08.2008 and has no criminal antecedent be released on bail on furnishing bail bonds of Rs. 5000/-(five thousand) with two sureties of the like amount each to the satisfaction of the F.T.C. IV, Siwan in connection with Sessions Trial No. 35 of 2009 2 arising out of Siswan P.S. Case No. 19 of 2003 subject to the conditions that (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 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. Shageer (Anjana Prakash, J)