IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.988 of 2010 MD. MITHU MIAN @ RAJU SON OF MD. SULAIMAN Versus STATE OF BIHAR ----------- 2. 21/01/2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 457 and 380 of the Indian Penal Code but Police after Investigation submitted charge sheet under Section 395 of the Indian Penal Code. Taking into consideration the fact that the petitioner is not named in the First Information Report nor put on Test Identification Parade and there has been no recovery from his possession and his name transpired on the confessional statement of the co-accused for which he has remained in custody since 9.8.2007, 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 Rajesh Kumar, Judicial Magistrate, Gaya, in connection with Trial No. 1905 of 2007 arising out of Rampur P.S. Case No. 156 of 2005 subject to the following 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. (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. S.Ali (Anjana Prakash, J.)