IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25828 of 2010 MADAN KUMAR JAISWAL @ MADAN KUMAR @ MUNNA JAISWAL @ MUNNA KUMAR JAISWAL SON OF MATHURA PRASAD @ MATHURA PRASAD JAISWAL Versus STATE OF BIHAR ----------- 2. 2.8.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 394 of the Indian Penal Code. The petitioner was refused bail earlier by an order dated 17.9.2009 vide Cr.Misc.No.17385 of 2009 also considering the report of the Sessions Judge that charges were to be framed on 28.8.2009. It has been submitted that the petitioner is in custody since 7.11.2008 and he has no criminal antecedents and four witnesses examined during trial have not supported the case of the prosecution and there is only one witness, who had identified the petitioner during test identification parade. 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 Sri Rajesh Kumar, Judicial Magistrate, 1st class, Patna City in Malsalami P.S.case No.166 of 2008, 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 - 2 - 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 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 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. In case there is material against the petitioner of tampering with the evidence, immediate steps shall be taken to take the petitioner in custody for reasons of misuse of bail. Narendra/ ( Anjana Prakash, J. )