IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.40744 of 2009 BIHARI KEWAT, son of Wajir Kewat Versus THE STATE OF BIHAR With Cr. Misc. No.10788 of 2010 BIJENDRA KEWAT @ BAHRIA, son of Chando Kewat Versus STATE OF BIHAR ----------- 5/ 29.03.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under section 395 of the Indian Penal Code. Taking into consideration the fact that the petitioners are not named in the First Information Report and their names transpired in the confessional statement of the co-accused but there has been no recovery from their possession nor have they been put on test identification parade, let the petitioners, above named, be released on bail on furnishing bail bond of Rs.5,000/- (five thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Barh, Patna, in connection with Mokama P.S. case no.72 of 2007, subject to the conditions (i)that one of the bailors will be a close relative of the petitioners, who will give an affidavit giving genealogy as to how he is related with the petitioners, (ii)that the bailor shall also state on affidavit that he will inform the court concerned if the petitioners are implicated in any other case of similar nature after their release in the present case and thereafter the court below will be at liberty to initiate the proceeding - 2 - for cancellation of bail on the ground of misuse, (iii) that the petitioners will give an undertaking that they will receive the police papers on the given date and be present on date fixed for charge and if they fail to do so on two given dates and delay the trial in any manner, their bail will be liable to be cancelled for reasons of misuse, and(iv) that the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. In view of the nature of allegation, the petitioners are directed to appear before the Superintendent of Police, (Rural), Patna within fifteen days of their release with a copy of this order and every two weeks thereafter for the next nine months. The conduct of the petitioners will be kept under watch in this period by the Superintendent of Police concerned and if it is found wanting in any respect, a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the Superintendent of Police, a certificate will be filed by the petitioners before the court concerned. The Additional Chief Judicial Magistrate will immediately commit the case to the Court of Sessions so that their trial can be amalgamated with that of the co-accused Shailendra Kewat @ Bauna and others vide S. Tr. No.502 of 2009 pending before the Additional Sessions Judge, III, Barh, Patna. JA/- (Anjana Prakash, J.)