IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.20920 of 2009 1. ANAND SAH, S/O Daniya Sah 2. RATAN SINGH, S/O Hari Singh 3. MANOJ DAS @ KADAM DAS, S/O Lachandra Das All residents of village Khattapokhar, P.S. Raiganj, district Jalpaiguri (W.B.) .. Petitioners Versus The State of Bihar .. Opposite Party **** /4/ 27.08.2009 Heard the counsel for the petitioners and the State. 2. The petitioners seek bail in a case instituted for offence under Section 379 of the Indian Penal Code. 3. Taking into consideration the fact that even though petitioner no. 1, Anand Sah, was caught on the spot, but, no recovery was made from him and he disclosed the name of his associates, i.e., petitioners 2 and 3, Ratan Singh and Manoj Das @ Kadam Das, but, no recovery was made from the possession of petitioner no. 3. However, it appears from the impugned order that Rs.43,000/- was recovered from the possession of petitioner no. 2, let petitioners 1 and 3, named above, who are in custody since 08.03.2009 and have clean antecedent be released on bail on furnishing bail bonds of Rs.5,000/- (rupees five thousand) each with two sureties of 2 the like amount each in connection with Thakurganj P.S. Case No. 42 of 2009 to the satisfaction of the Chief Judicial Magistrate, Kishanganj, on the conditions (a) that one of the bailors will be a close relative of each of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners, (b) that the affidavit shall clearly state that the petitioners are not an accused in any other case and if they are they shall not be released on bail and (c) 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. 4. However, where petitioner no. 2, Ratan Singh, is concerned, who is also in custody since 08.03.2009, his prayer for bail is rejected. 5. He may renew his prayer for bail after having remained in custody for one year. S.A. (Anjana Prakash, J.)