IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44803 of 2009 BACHCHA SINGH son of Shri Kirshna Kumar Singh Versus STATE OF BIHAR ----------- 2. 23.12.2009. Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 395, 397 and 120B of the Indian Penal Code. Taking into consideration the fact that the petitioner is not named in the first information report nor has been identified in the T.I.Parade and only material that has transpired in the confessional statement of father-in-law and co-accused Haribansh Singh, who was put on trial and acquitted, let the petitioner above named who is in custody since 26.5.2009 and has no criminal antecedent be released on bail on furnishing bail bond of Rs. 5,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Siwan in connection with Daraunda (M.H.Nagar) P.S. Case No.18 of 2003 subject to the following conditions: (a) 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, (b) that the affidavit shall clearly state that the petitioner is not an accused in any other case and if he is he shall not be released on bail. (c) 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 - 2 - thereafter the court below will be at liberty to initiate a proceeding for cancellation of bail on the ground of misuse. (d) that the petitioner will give an undertaking that he will receive the police papers on the given date and be present on the 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. (e) 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. Md.S. (Anjana Prakash,J.)