IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2304 of 2010 RAMESH KUMAR, S/o Diplal Mahto @ Diplal Prasad. Versus THE STATE OF BIHAR ----------- 03. 30.03.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 392 and 411 of the Indian Penal Code. The allegation against the petitioner is that he and two other co-accused were arrested while fleeing away committing robbery on 09.08.2009. The assertion of the petitioner is that on the said date he was in remand home in connection with Ghorasahan P.S. Case No. 92 of 2004 having been remanded on 29.03.2009 and released subsequently on bail vide order dated 17.12.2009 and in fact the petitioner was handed over by the Superintendent remand home and shown to have committed this occurrence. However without going into this aspect of the case the fact that the petitioner is in custody since 10.08.2009, under the circumstances, let the petitioner above named be released on bail on an undertaking by the father of the petitioner that he will keep a watch on the petitioner’s conduct on furnishing bail bond of Rs. 5,000/- (Five Thousand) with two sureties of the like - 2 - amount each to the satisfaction of Chief Judicial Magistrate, Muzaffarpur in connection with Muzaffarpur (Town) P.S. Case No. 385 of 2009 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 and one of the bailors will be father of 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. Vikash/- (Anjana Prakash, J.)