IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12678 of 2010 GORAKH RAI, son of Sipahi Rai Versus STATE OF BIHAR ----------- 2/ 28.04.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under section 392 of the Indian Penal Code. The petitioner is not named in the First Information Report but subsequently, his name was disclosed in the confessional statement of co-accused Sanjay Kumar. However, there has been no recovery from his possession and he is in custody since 31.7.2008. It has been submitted that the petitioner is accused only in one other case i.e. Digha P.S. case no. 4 of 1998, which fact will be verified by the Magistrate before releasing the petitioner on bail. In view of such, 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 the Additional Sessions Judge, XIII, Patna, in connection with S. Tr. No.1085 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. The bailor will undertake to furnish information to the court about any change in the address 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 - 2 - the proceeding for cancellation of bail on the ground of misuse, (iii)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, JA/- (Anjana Prakash, J.)