IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.13388 of 2010 MD.TAUHID son of Md. Hashim Versus STATE OF BIHAR ----------- 2/ 29.04.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 394 and 411 of the Indian Penal Code. The prosecution case is that the informant, who resides within the same police station as the petitioner, alleged that four unknown miscreants robbed him of his possessions. Soon thereafter one person was caught whom he identified as the present petitioner from whose possession a sum of Rs.6040/- was recovered. Submission is that had the informant identified the informant a t the spot, he would have named him as miscreants and it is not believable that the petitioner has been identified by the very same informant as the person from whom money was recovered. In view of such and also that the petitioner has no criminal antecedent, 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 the Chief Judicial Magistrate, Katihar, in connection with Kadwa (Balia Belon) P.S. case no.15 of 2010, 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. The bailor will undertake to furnish information to the court about any change in the address of the petitioner, (ii) That the affidavit shall clearly state that - 2 - the petitioner is not accused in any other case and, if he is, he shall not be 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, 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. JA/- (Anjana Prakash, J.)