IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44020 of 2009 UGAN THAKUR, S/o late Radha Kant Thakur Versus STATE OF BIHAR ----------- 2 17.12.2009 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. Earlier the petitioner had moved this court for bail but the same was permitted to be withdrawn in view of the order of the Sessions Judge that he could renew his prayer for bail after hearing on the point of charge. When the petitioner renewed his prayer for bail before court below unfortunately the prayer for the bail of the petitioner was refused. Under the circumstances taking into consideration the fact that the petitioner has not been named in the F.I.R. and later on his name transpired in the confessional statement of the co-accused and the submission is that the articles which have been recovered from the shop of the petitioner are not stolen, let the petitioner above named, who is in custody since 15.6.2009 and has only one other case pending against him, be released on bail on furnishing 2 bail bond of Rs.5,000/- (Five thousand) with two sureties of the like amount each to the satisfaction of Addl. Sessions Judge, F.T.C. 3, Darbhanga in connection with S.T. No. 366 of 2009 arising out of Sakatpur P.s. Case No. 27 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 genealogy as to how he is related with the petitioner, (ii) that the bailor shall also stated on affidavit that he will inform the court concerned if the petitioner is implicated in any other case of similar nature after his released 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 (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. The fact that the petitioner is accused in only one case will be duly verified by the learned trial judge before releasing the petitioner on bail. Spd/- (Anjana Prakash, J.)