IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5449 of 2010 SHAMASUDDIN ANSARI Versus STATE OF BIHAR -- -----a---- 2 23.2.2010 Heard the learned counsel for the petitioner and the State. The petitioner seeks bail in a case initially instituted for the offence under section 379/34 of the I.P.C. but subsequently section 411 of the I.P.C. was added. Taking into consideration the fact that the petitioner’s name transpires in the confessional statement of the co-accused whereafter certain witnesses named the petitioner having seen him in the company of the co-accused but there is no recovery nor there is any criminal antecedent against him, let the petitioner above named who is in custody since 5.11.09 be released on bail on furnishing bail bond of Rs.5,000/- with two sureties of the like amount each to the satisfaction of C.J.M.,Bhojpur, in Sikarahata P.S. Case No.60/08 subject to the conditions that (a) 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, (b)the affidavit shall clearly state that the petitioner is not an accused in any other case and, if he is, he shall not be released on bail and (c) the bailor shall also state an 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 2 the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse. AnilKr.Sinha (Anjana Prakash,J.)