IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19166 of 2010 MUNNA MIAN, SON OF YUSUF MIAN @ YUNUS MIAN Versus STATE OF BIHAR ----------- 5. 09.09.2010 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. It has been submitted that it is apparent from the impugned order that the petitioner’s name transpired on the basis of list of some criminals operating in the area and thereafter he was implicated in the present case. Considering that there has been no cogent material collected against the petitioner and the petitioner’s wife/father undertake responsibility for the petitioner’s conduct after he is released from jail custody, 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 to be fixed by the court concerned to the satisfaction of Chief Judicial Magistrate, Araria, in Jogbani P.S. Case No. 1 of 2001 subject to the following conditions: (i)That one of the bailors shall be the local since the petitioner belongs to Jogbani, Distt. Araria, and the other shall be the wife/father of the petitioner. The bailor will undertake to furnish information to the Court about any change in address of the petitioner. (ii)That the bailor shall also state on affidavit that he will inform the court 2 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 cancelled for reasons of misuse. (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. It has been submitted that the petitioner is an accused in only one other case which fact will be verified by the Magistrate before releasing the petitioner on bail. The Magistrate will also verify the documents filed on behalf of the petitioner to ensure that the petitioner is a citizen of India and not a Nepal. S.Ali ( Anjana Prakash, J.)