IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42788 of 2009 MIRHASAN, SON OF LATE NASIRUDDIN SAI Versus STATE OF BIHAR ----------- 3. 19/03/2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 395 of the Indian Penal Code. Taking into consideration the fact that the petitioner is not named in the First Information Report and subsequently he has been implicated on his own inculpatory statement but there has been no recovery of any incriminating articles from his possession nor has he been put on Test Identification Parade, let the petitioner above named, who is in custody since 8.1.2009, 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 Additional District Judge IInd, Gopalganj, in connection with Sessions Trial No. 264 of 2009 arising out of Manjha Garh P.S. Case No. 7 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. (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 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 - 2 - at liberty to initiate the proceeding for cancellation of bail on the ground of misuse. (iv)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 fact that the petitioner has no criminal antecedents will be verified by the Magistrate before releasing the petitioner on bail. S.Ali (Anjana Prakash, J.)