IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21536 of 2009 LAL BIHARI KANU SON OF LATE SUKHDEO KANU Versus STATE OF BIHAR ----------- 4. 22.2.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 323, 325, 342, 411, 360 and 382/34 of the Indian Penal Code. Taking into consideration the fact that the petitioner is in custody since 10.12.2008 and the report of the trial court is that till date not a single witness has been examined, 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 to the satisfaction of Shri Gopal Jee, Judicial Magistrate Ist class, Rohtas at Sasaram in Nauhatta P.S.case No.34 of 1993, 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 of bail and (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. The trial court is directed to take all effective steps for - 2 - examination of the witnesses including communicating with the S.P. concerned. In view of the antecedents of the petitioner, it is desirable that the petitioner be directed to appear before the Superintendent of Police, Rohtas at Sasaram with a copy of the present order within 15 days of his release from jail custody. He shall attend the office of the Superintendent of Police, Rohtas at Sasaram every two weeks and his conduct will be kept under watch for the next six months and if it is found wanting in any manner a report about the same will be made by the Superintendent of Police to the court concerned, who will then initiate a proceeding for cancellation of bail for reasons of misuse of bail. Narendra/ ( Anjana Prakash, J. )