IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44014 of 2009 MD.FAKHRUDDIN @ BABLU @ FAQROODIN SON OF ABDUL FARID Versus STATE OF BIHAR ----------- 5. 1.2.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 396 of the Indian Penal Code. It has been submitted that the occurrence took place on 20.12.2007 and the petitioner was arrested on suspicion on 23.12.2007 and thereafter on 13.1.2008, two witnesses were examined, who stated that the petitioner was involved in the transaction, but there is no explanation as to why the petitioner was not named by them earlier. Under the circumstances, let the petitioner above named, who is in custody since 23.12.2009 and has no criminal antecedents, 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 Sessions Judge, F.T.C. III, Bhagalpur in S.T.No.489 of 2008 (Tr.No.28 of 2009) arising out of Kotwali P.S.case No.734 of 2007, subject to the conditions (i) that one of the bailors will be a close relative of the petitioner who will give an affidavit 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 - 2 - 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 of bail and (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. Narendra/ ( Anjana Prakash, J. )