IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.10731 of 2011 Amardeep Kumar, S/o Sri Hari Shankar Yadav. Versus The State of Bihar ----------------- 03. 02.08.2011 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Section 395 of the Indian Penal Code. The petitioner was refused bail by order dated 19.08.2010 considering that Rs. 5,000/- and a mobile was recovered from his possession which was allegedly looted property. The petitioner has renewed his prayer for bail on the ground that he is in custody since 23.03.2010. A report was called for from the Trial Court about the present stage of trial and it is reported by the Trial Court that even though the accused were charged on 16.11.2010 no witness has turned up for evidence. Considering the same, 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 or any other surety as fixed by the Court to the satisfaction of Chief Judicial Magistrate, Purnea in connection with Bhawanipur (Ballia O.P.) P.S. Case No. 41/10 subject to the following conditions:- (i) That one of 2 the bailors will be local since the petitioner belongs to Madhepura and the other bailor shall be the cousin brother of the petitioner namely Mukesh Kumar. The bailor will also undertake to inform the Court if there is any change in the address of 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. (iii) 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. Vikash/- (Anjana Prakash, J.)