IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15843 of 2011 Lal Babu Dom, S/o Toda Dom @ Batasa Dom. Versus The State of Bihar ----------- 03. 25.07.2011 Supplementary-affidavit filed today be kept on record. Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Section 396 of the Indian Penal Code. The petitioner was refused bail by order dated 06.05.2010 vide Cr.Misc. No. 44987 of 2009 since subsequently one of the witnesses in paragraph 22 had disclosed the name of the petitioner as one of the miscreants even though he was not being named in the First Information Report earlier. Supplementary-affidavit has been filed by the petitioner regarding the statement of witness examined in paragraph 22 that he has not named any accused and, therefore, declared hostile. Considering the same, 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 or any other surety as fixed by the Court to the satisfaction of Additional Sessions Judge, F.T.C.-V, West Champaran, Bettiah in connection with S.Tr. No. 2 500 of 2009 arising out of Narkatiya Ganj G.R.P.S. Case No. 16 of 2006 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 and the other bailor shall be the wife of the petitioner namely Sukhli Devi. The bailor will also undertake to inform the Court if there is 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 the proceeding for cancellation of bail on the ground of misuse. (iii) That the petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse. Vikash/- (Anjana Prakash, J.)