IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35160 of 2010 KUNDAN PASWAN. Versus STATE OF BIHAR ----------- 2. 07-10-2010 Heard learned Counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. The petitioner is in custody in connection with the Begusarai Town P.S.Case No.208 of 2009 for the offence punishable under section 457 and 380 of the Indian Penal code. Learned Counsel for the petitioner submits that the first information report was against unknown and that the involvement of the petitioner is on the basis of the statement made by co-accused Murari Agrawal and Bhola Paswan who had also named another co-accused Anil Paswan, who has since been released on bail by order dated 23.9.2010 passed in Criminal Misc. No.31851 of 2010. Learned counsel submits that in absence of recovery of any incriminating articles either from the possession of the petitioner or from his house, his prayer may be considered. Taking into consideration the circumstances and the submission of the learned Counsel for the 2 petitioner, let the petitioner Kundan Paswan be released on bail on furnishing bail bond of Rs.10000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the Sri R.R.Singh Judicial Magistrate First Class, Begusarai in connection with Begusarai Town P.S.Case No.208 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 and the other bailor shall be the mother of the petitioner. The bailor will undertake to furnish information to the Court about any change in 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 3 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. (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. Devendra/ ( Jyoti Saran, J.)