IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40684 of 2010 SANTOSH DOM SON OF LATE RAJENDRA DOM Versus STATE OF BIHAR ----------- 2. 24.11.2010. Heard learned counsel appearing on behalf of the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody in connection with Sessions Trial No.388 of 2009 arising out of Sasaram (Town) P.S.Case No.284 of 2009 for the offence punishable under sections 395 and 412 of the Indian Penal Code. This is the second attempt on the part of the petitioner. His earlier bail application was rejected by order dated 16.10.2009 passed in Cr.Misc.No.33532 of 2009. Learned counsel for the petitioner, with reference to the deposition of the informant placed at Annexure-3 series of the present application, submits that during the course of trial, the informant has failed to identify this petitioner and which circumstance has prompted this petitioner to move the present application for fresh consideration of his prayer. He further submits that even in absence of any recovery from the personal possession of this petitioner, he has 2 suffered incarceration since 10.5.2009. Regard being had to the circumstances and the submissions of the learned counsel, let the petitioner Santosh Dom be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional District and Sessions Judge, Sasaram, Rohtas in connection with Sessions Trial No.388 of 2009 arising out of Sasaram (Town) P.S.Case No.284 of 2009, subject to the conditions, (a) That one of the close relative of the petitioner would stand as one of the bailors and who would file an affidavit before the trial court giving out his genealogy with this petitioner and who would also be under a duty to inform the trial court in case this petitioner after his release in the present case is named or is found involved in any further case of similar nature and whereupon the court concerned would be at liberty to cancel the bail bond of the petitioner on grounds of misuse. (b) That the petitioner would ensure his representation before the trial court on each and every date fixed in the case and failure on the part of the petitioner to ensure his representation on two consecutive dates fixed for trial, without reasonable 3 explanation to the satisfaction of the trial court, would entitle the trial court to cancel the bail bond of the petitioner and to take him into custody. ahk (Jyoti Saran, J)