IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25131 of 2011 Sanjay Paswan @ Bhikha, S/o Late Raghubir Paswan. Versus The State Of Bihar ----------- 2 04.08.2011 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 395 and 397 of the Indian Penal Code. It has been submitted that the petitioner is not named in the first information report and subsequently one Bablu Kumar had named him who was examined during trial but he failed to disclose the name of the petitioner as one of the miscreants. The further submission is, neither the petitioner is put on test identification parade nor any incriminating article has been recovered from his possession and he has been accused in three cases but all of which of the year 1998 and not subsequent. This fact shall be verified by the Trial Court before releasing the petitioner on bail. Considering the aforesaid facts, 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 or any other surety to be fixed by the court below to the satisfaction of Additional Sessions Judge, IV, Barh in connection with Sessions Trial No. 916 of 2010 arising out of Mokama Rail P.S. Case No. 18 of 2009 subject to the 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 2 he is related with the petitioner and another bailors shall be the wife of the petitioner. The bailors will undertake to furnish information to the court about any change in the address of the petitioner, (ii) That the bailors shall also state on affidavit that they 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, and (v) 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. Md. Ibrarul ( Anjana Prakash, J.)