IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15980 of 2010 1. PANKAJ KUMAR CHAUDHARY , SON OF RAM SOORAT CHAUDHARY 2. SHYAM KUMAR @ SHYAM BABU, SON OF NAWAL RAUT Versus STATE OF BIHAR ----------- 2. 14.05.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 394 and 412 of the Indian Penal Code. The prosecution case is that the Informant was looted on 17.9.2009 by unknown miscreants but he did not file a case in this regard and, thereafter, when he learnt that certain accused persons have been arrested and kept at the Police Station, he went there and identified the petitioners as one of the miscreants who had committed the act of loot with him. It is alleged that his mobile phone was also recovered from their possession which had been kept at the Police Station. However, considering that no case was instituted about the robbery committed with the Informant and identification of the petitioners is at the Police Station is not proper in the eye of law, let the petitioners above named, who are in custody since 7.11.2009, 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 Chief Judicial Magistrate, Sitamarhi, in Sitamarhi P.S. Case No. 564 of 2009 2 (G.R. No. 2472 of 2009) subject to the following 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 and the other shall be the father of the petitioners. The bailor will undertake to furnish information to the Court about any change in address of 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 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. (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. S.Ali ( Anjana Prakash, J.)