IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15986 of 2010 1. SANJAY SHARMA, S/o Arjun Sharma. 2. Pappu Sharma, S/o Late Satyadeo Sharma. Versus THE STATE OF BIHAR ----------- 03. 02.07.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offences under Section 395 of the Indian Penal Code. It has been submitted that the petitioners are not named in the First Information Report and subsequently when they were put on Test Identification Parade they were not identified. Moreover there is no recovery from their possession. With regard to petitioner No. 1 he has fair antecedent whereas the petitioner No. 2 has one criminal antecedent which fact will be verified by the Magistrate before releasing the petitioner on bail. In view of such, let the petitioners, above named be released on bail on furnishing bail bonds of Rs. 5,000/- (Five Thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Khagaria in connection with Parbatta P.S. Case No. 55 of 2010 (G.R. No. 328 of 2010) 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 2 the other bailor shall be the father/brother of the petitioners. The bailor will also undertake to inform the Court if there is any change in the 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 delays 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. Vikash/- (Anjana Prakash, J.)