IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23695 of 2010 MD. DAUD @ DAUD SON OF MD. NASIR Versus STATE OF BIHAR ----------- 2. 16.7.2010 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 was refused bail by an order dated 14.12.2009 vide Cr.Misc.No.43035 of 2009 since he was named as one of the dacoits in the first information report. However, subsequently the informant has filed a petition in the court below on 31.5.2010 stating therein that he had not named any one in the first information report. In view of such and also that the petitioner has no criminal antecedents, let the petitioner above named, who is in custody since 4.6.2009, 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 C.J.M., Araria in Raniganj P.S.case No.4 of 2009, subject to the conditions (i) That one of the bailors shall be the father/brother of the petitioner and the other bailor will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will undertake to furnish information to the court about any change in the address of the petitioner, (ii) that 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, (iii) that the bailor shall also state - 2 - 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, (iv) 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 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. The Magistrate concerned before releasing the petitioner on bail will notice the informant and confirm that he had filed the petition dated 31.5.2010 that he had not named any of the accused persons in the first information report. Narendra/ ( Anjana Prakash, J. )