IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.13376 of 2010 BINOD SINGH son of late Ram Chandra Singh Versus STATE OF BIHAR With Cr. Misc. No.7861 of 2010 SANJAY SINGH s/o Surendra Singh Versus THE STATE OF BIHAR ----------- For the petitioner : Mr. Rajeev Ranjan, Advocate For the State : Mr. C. Jawahar, APP ------------ 2/ 29.04.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under sections 395, 397 of the Indian Penal Code. The petitioners are not named in the First Information Report and subsequently their names were disclosed in the confessional statement of the co-accused but neither were they put on test identification parade nor has any recovery been made from their conscious possession. In view of such, let the petitioners, 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, Vaishali at Hajipur in connection with Hajipur Sadar P.S. case no. 294 of 2008(Cr. Misc. No.13376 of 2010), Additional Sessions Judge-cum- Fast Track Court No. V, Vaishali at Hajipur, in connection with S.T. No.284 of 2009 arising out of Hajipur Sadar P.S. case no.294 of 2008( Cr. Misc. No.7861 of 2010), subject to the conditions (i) That one of the bailors will be a close relative of the petitioners, who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailors will undertake to furnish - 2 - information to the court about any change in the address of the petitioners, (ii)That the bailor shall also state on affidavit that he will inform the court concerned if the petitioners are implicated in any other case of similar nature after their 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 petitioners will give an undertaking that they will receive the police papers on the given date and be present on date fixed for charge and if they fail to do so on two given dates and delay the trial in any manner, their bail will be liable to be cancelled for reasons of misuse, and (iv) That the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. In view of the antecedents of the petitioners, the petitioners are directed to appear before the Superintendent of Police, Vaishali at Hajipur, within fifteen days of his release with a copy of this order and every two weeks thereafter for the next nine months. The conduct of the petitioners will be kept under watch in this period by the Superintendent of Police concerned and if it is found wanting in any respect, a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the Superintendent of Police, a certificate will be filed by the petitioners before the court concerned. JA/- (Anjana Prakash, J.)