IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26847 of 2010 AMOD SINGH, SON OF SHAMBHU DAYAL SINGH Versus STATE OF BIHAR ----------- 2. 27.08.2010 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. It appears that the petitioner is not named in the First Information Report and subsequently his name transpired in the confessional statement of the co-accused for which he has been remanded in this case since 9.7.2003 and from the impugned order it appears that on account of unavoidable reasons, the trial has not proceeded and no witness has turned up after 20.7.2009. Considering the same, 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 or any other surety to be fixed by the court concerned to the satisfaction of Vth Additional Sessions Judge, Sasaram, Rohtas, in Sessions Trial No. 413 of 2003 arising out of Dehri (T) P.S. Case No. 126 of 2003 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 and the other shall be the father/brother of the petitioner. The bailor will undertake to 2 furnish information to the court about any change in address of 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. The documents of the petitioner and bailors shall be properly scrutinised so that there is no question of the petitioner delaying the trial on account of non-appearance. S.Ali ( Anjana Prakash, J.)