IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9337 of 2010 NARESH PASI, SON OF BARHO PASI Versus THE STATE OF BIHAR ----------- 2. 17/03/2010 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. Taking into consideration the fact that the petitioner is not named in the First Information Report and subsequently was named in the confessional statement of the co-accused and there has been no recovery from his possession, let the petitioner above named, who is in custody since 30.10.2009 and against whom there is only one other case pending, 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 Sub Divisional Judicial Magistrate, Sherghati (Gaya) in connection with Barachatti P.S. Case No. 116 of 2001 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. (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 - 2 - 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. (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. The fact that the petitioner is an accused only in Barachatti P.S. Case No. 131 of 2001, will be verified by the Magistrate before releasing him on bail. S.Ali (Anjana Prakash, J.)