IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31827 of 2009 MD. SAMSER @ MUNNA SON OF MD. ILIAS, RESIDENT OF VILLAGE KHANKAH CHAKPAR, BURANAGAR ISLAMPUR, P.S. ISLAMPUR, DISTRICT NALANDA ….. PETITIONER Versus STATE OF BIHAR …. O.P ----------- 2. 3.9.2009 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. Taking into consideration the fact that the petitioner is not named in the first information report and his name transpired in the confessional statement of the co- accused and the fact that the petitioner is in custody since 6.5.2009, 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 to the satisfaction of 2nd Additional Sessions Judge, Hilsa, Nalanda in S.Tr.No.362 of 2009 arising out of Islampur P.S.case No.15 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 he is related with the petitioner, (ii) It is being stated that the petitioner is an accused in only one other case, which will be duly verified by the Judge concerned and if found to be incorrect, the petitioner will not be released on bail, and (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. Narendra/ ( Anjana Prakash, J. )