IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42492 of 2009 VISHAL KUMAR SON OF SANTOSH KUMAR CHOUDHARY Versus STATE OF BIHAR ----------- 3. 21.1.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 392 of the Indian Penal Code. The submission is that the petitioner is not named in the first information report and subsequently on 25.5.2009 when he was caught with a knife, he confessed to have committed the present occurrence as well, but he has not been put on test identification parade nor there has been any recovery from his possession. Taking into consideration the aforementioned submissions as also that the petitioner is an accused in only three cases in all, let the petitioner above named, who is in custody since 25.5.2009, 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, Saharsa in Saharsa Sadar P.S.case No.153 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 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 - 2 - cancellation of bail on the ground of misuse of bail and (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. Narendra/ ( Anjana Prakash, J. )