IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.9079 of 2010 MD.RAZZAQUE, son of Hanif Versus 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 sections 395 and 397 of the Indian Penal Code. When the petitioner was arrested for being in possession of arms, he confessed to have been involved in numerous occurrence of dacoity and, therefore, was remanded in several cases. The present one is one such case. In view of the fact that the petitioner is not named in the First Information Report, not identified in test identification parade and there has been no recovery from his possession, let the petitioner, above named, who has already been directed to report to the Superintendent of Polcie, Araria, in Cr. Misc. No.8488 of 2010,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 Chief Judicial Magistrate, Araria, in connection with Araria P.S. case no.279 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 - 2 - 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 and (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 condition to report to the Superintendent of Police will be strictly complied with by the petitioner. JA/- (Anjana Prakash, J.)