IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.4317 of 2010 BITHAL KUMAR son of Late Budhan Ram Versus STATE OF BIHAR With Cr. Misc. No. 5324 of 2010 RAVI KUMAR, son of Sri Gonu Ram Versus STATE OF BIHAR ----------- 4/ 27.04.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under sections 461 and 379 of the Indian Penal Code. The prosecution case is about theft of mobile from the show room of the informant by unknown miscreants. During investigation, when dog squad was pressed into service, it halted before the house of one Gopal, from where some persons were seen running away. The persons of the locality disclosed that the petitioners were the persons who were fleeing away from there. However, there is no cogent material to support that the petitioners are involved in the present case and they have no criminal antecedents. In view of such, let the petitioners, above named, be released on bail on furnishing bail bond of Rs.5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of Smt. Noor Sultana, 1st class, Judicial Magistrate, Patna, in connection with Kadamkuan P.S. case no.258 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 giving genealogy as to how he is related with the - 2 - petitioner. The bailor will undertake to furnish information to the court about any change in the address of the petitioner, (ii) that the affidavit shall clearly state that the petitioner is not accused in any other case and, if he is, he shall not be released on bail, (iii)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, and (iv)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. JA/- (Anjana Prakash, J.)