IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.45217 of 2009 AJAY CHAUHAN son of Shiv Chauhan Versus STATE OF BIHAR ----------- 2/ 08.01.2010 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. Taking into consideration the fact that the petitioner is not named in the first information report and his name transpired on the confessional statement of co-accused for which he has remained in custody since 25.12.2008, 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 SDJM, Sherghati, Gaya, in connection with Barachatti P.S. case no. 117 of 2007 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 of misuse, 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. Learned counsel for the petitioner submits that he has - 2 - been repeatedly implicated on account of his earlier implication in some cases. So, let the petitioner appear before the Dy. S.P., Sherghati, within 15days of his release from custody with a copy of this order. The Dy. S.P., Sherghati, will keep watch on the petitioner’s conduct and if it is found wanting in any respect, a report shall be made to the court concerned, who will initiate a proceeding for cancellation of bail for the reasons of misuse of bail. JA/- (Anjana Prakash, J.)