IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.41372 of 2009 MANOJ DAS s/o Baleshwar Das, R/v Maiyari, P.S. Sarairanjan, Dist. Samastipur Versus STATE OF BIHAR ----------- 3/ 05.04.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 395 and 397 of the Indian Penal Code. The petitioner is not named in the First Information Report and subsequently the petitioner was arrested on suspicion and thereafter he gave confessional statement and the motor cycle is said to have been recovered from his possession but the same does not tally with the description of the alleged looted motor cycle. In view of such, let the petitioner, above named, who is in custody since 17.12.2008, 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 the 7th Additional Sessions Judge, Muzaffarpur, in connection with Sakara P.S. case no. 381 of 2008 (S.T.No.493 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,(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, and (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 - 2 - liable to be cancelled. In view of the antecedents of the petitioner, the petitioner is directed to appear before the Superintendent of Police, Muzaffarpur, within fifteen days of his release with a copy of this order and every two weeks thereafter for the next nine months. The conduct of the petitioner will be kept under watch in this period by the Superintendent of Police concerned and if it is found wanting in any respect, a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the Superintendent of Police, a certificate will be filed by the petitioner before the court concerned. JA/- (Anjana Prakash, J.)