IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40286 of 2009 RAJU MAHTO, SON OF LATE EKBAL SINGH Versus THE STATE OF BIHAR ----------- 3. 09/03/2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 364(A) and 120(B) of the Indian Penal Code. It has been submitted that the petitioner is not named in the First Information Report and when the victim was recovered, his statement was recorded both under Sections 161 Cr. P.C. as well as under Section 164 Cr. P.C. but he did not name the present petitioner. The petitioner’s complicity arose in the confessional statement of the co-accused Wakil Yadav and apart from that there is no material to connect the petitioner in the present occurrence. It has further been submitted that the petitioner is an accused in five cases in three of them, he has been acquitted and in one case he is on bail whereas the fifth case is present one. Under the circumstances, let the petitioner above named, who is in custody since 29.5.2009, 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 Additional Sessions Judge, Fast Track Court No. III, Aurangabad, in connection with Sessions Trial No. 150 of 2009 arising out of Mali P.S. Case No. 36 of 2004 subject to the following conditions: - 2 - (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 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. The fact that the petitioner was acquitted in three cases pending against him and in one of them he is on bail, will be verified by the Magistrate before releasing the petitioner on bail. S.Ali (Anjana Prakash, J.)