IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.45826 of 2009 HAFIZ MAIN @ HAFIZ MANSOORI, son of late Gani Mohammad Mansoori Versus STATE OF BIHAR ----------- 2/ 11.01.2010 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 in the first information report the miscreants, who committed dacoity were said to be aged between 25-30 years, whereas, the age of the present petitioner is about 65 years. This fact will be verified by the learned Magistrate before releasing the petitioner on bail. It has further been submitted that the petitioner has been made accused on the basis of recovery of one mobile but remanded in two cases i.e the present one as well as Adapur P.S. case no.39 of 2009, and the antecedents of the petitioner has been explained satisfactorily in paragraph 9 and 10 of the petition. Under the circumstances, let the petitioner, above named, who is in custody since 16/7/2009, 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 the Sub-Divisional Judicial Magistrate, Sikrahana, East Champaran, in connection with Ghorasahan P.S. case no.133 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 - 2 - 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. JA/- (Anjana Prakash, J.)