IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6436 of 2010 MUKESH PASWAN SON OF UPENDRA PASWAN Versus STATE OF BIHAR ----------- 4. 6.5.2010 Supplementary affidavit filed today bringing on record the fact that the petitioner was previously an accused in two other cases, but he has been acquitted in both of them. Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 395 of the Indian Penal Code. The petitioner is not named in the first information report and subsequently the informant is alleged to have identified that the petitioner is one of the miscreants when he went to his village to look for his motorcycle. However the petitioner has not been put on test identification parade and the submission is that this is a very weak kind of identification which has been put forward by the informant. In view of such, let the petitioner above named, who is in custody since 19.11.2009 and has no criminal antecedents, which is subject to verification by the Magistrate, 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, Munger in Muffasil P.S.case No.8 of 2006, 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 - 2 - information to the court about any change in the address of the petitioner, (ii) that the affidavit shall clearly state that the petitioner is presently not an 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. Narendra/ ( Anjana Prakash, J. )