IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.41063 of 2009 ANAND PATHAK, son of Late Hari Shankar Pathak Versus STATE OF BIHAR ----------- 2/ 01.12.2009 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 395, 397, 412 of the Indian Penal Code. Taking into consideration the fact that out of the five dacoits, two dacoits were shot dead and the money was recovered then and there and when the petitioner was put on test identification parade, he was not identified by any of three identifying witnesses, let the petitioner above named, who is in custody since 4.10.2008, 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 Sri T. Yadav, Judicial Magistrate, 1st Class, Muzaffarpur, in connection with Motipur P.S. case no.156 of 2008, 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, (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 - 2 - cancelled for reasons of misuse, and (iv) 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. JA/- (Anjana Prakash, J.)