IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3818 of 2010 GHANSHYAM SINGH, S/o Late Bino Singh. Versus THE STATE OF BIHAR ----------- 03. 27.04.2010 A supplementary-affidavit has been filed be kept on record. Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Section 395 of the Indian Penal Code. The petitioner is not named in the First Information Report and thereafter his complicity arose on the confessional statement of the co-accused but there has been no recovery from his possession nor has he been put on Test Identification Parade. It has been submitted that the petitioner is accused in only one other case i.e. Barari (Samepur) P.S. Case No. 62 of 1992 in which he was not identified in the Test Identification Parade. In view of such, 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 to the satisfaction of Chief Judicial Magistrate, Katihar in connection with Korha P.S. Case No. 45 of 2005 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 2 petitioner. The bailor will also undertake to inform the Court if there is any change in the 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 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. (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 Magistrate before releasing the petitioner on bail will verify the fact that the petitioner is accused in only one other case mentioned above besides the present case. Vikash/- (Anjana Prakash, J.)