IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6539 of 2010 1. SUBASH NAT SON OF BUTAI NAT 2. CHULU NAT SON OF MUSA NAT 3. GANESH NAT SON OF BANSI NAT Versus STATE OF BIHAR ----------- 2. 8.3.2010 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 395, 397 and 412 of the Indian Penal Code. Taking into consideration the fact that the informant is the co-villager of the petitioners and had claimed to have seen the accused persons and was in a position to identify them but did not name the present petitioners, who are co-villagers and subsequently articles recovered from their houses are of common use and the petitioner no.1 and 2 are accused in one other case of the year 1998 and none of the recent past, let the petitioners above named, who are in custody since 18.10.2009 and 7.12.2009 respectively, 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, Chapra, Saran in Chapra Moff. P.S.case No.153 of 2009, 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 - 2 - 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 and (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. Narendra/ ( Anjana Prakash, J. )