IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46226 of 2009 AJAY KUMAR BAITHA SON OF LAKSHMI BAITHA Versus STATE OF BIHAR ----------- 2. 11.1.2010 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. The submission is that the petitioner has not been named in the first information report and one of the co-accused Tunna Choudhary had disclosed the name of one Ajay Baitha but stating therein that Ajay Baitha was a resident of village Sahtha Bhagwanpu, where as the petitioner belongs to village Nawachak, P.S.Patepur, District Vaishali and, therefore, disputes the identity. The petitioner was later on put on test identification parade but has not been identified by any of the witnesses nor does he have any criminal antecedents. Taking into consideration the aforementioned facts, let the petitioner above named, who is in custody since 22.9.2009, 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 Chief Judicial Magistrate, Vaishali at Hajipur in Hajipur Town P.S.case No.412 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 genealogy as to how he is related with the petitioner, (ii) 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 - 2 - released on bail, (iii) 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 of bail and (iv) that the petitioner will give an undertaking that he will receive the police 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. Narendra/ ( Anjana Prakash, J. )