IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37841 of 2009 BATESHWAR RAI .SON OF BHIKHARI RAI, RESIDENT OF VILLAGE DHAMAUN, P.S. PATORI, DISTT. SAMASTIPUR . ---PETITIONER Versus STATE OF BIHAR . with Cr.Misc. No.34118 of 2009 INDRA BHUSHAN KUMAR @ INDRA BHUSHAN KUMAR RAI .SON OF BHAGENDRA PRASAD RAI, RESIDENT OF VILLAGE HETANPUR, P.S. SAHPUR PATORI, DISTT. SAMASTIPUR. ------PETITIONER. Versus STATE OF BIHAR . with Cr.Misc. No.34375 of 2009 VIKASH RAI .SON OF BAIJU RAI, RESIDENT OF VILLAGE SUPAUL, P.S. PATORI, DISTT. SAMASTIPUR. ------PETITIONER. Versus STATE OF BIHAR . with Cr.Misc. No.35333 of 2009 NARESH SAH .SON OF BULAKI SAH RESIDENT OF VILLAGE LODIPUR, FATIKBARA, P.S. MAHNAR, DISTT. VAISHALI. ------PETITIONER Versus STATE OF BIHAR . with Cr.Misc. No.36457 of 2009 RAM KUMAR RAI SON OF LATE RAM SHRESTHA RAI RESIDENT OF VILLAGE – KHUPURA, P.S. BIDUPUR, DISTT. VAISHALI. --------PETITIONER Versus STATE OF BIHAR ----------- 2. 5/11/2009 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 395/34 of the Indian Penal Code. Taking into consideration the fact that the petitioners are not named in the First Information Report nor have been identified in the Test Identification Parade and 2 later on they were only named in the confessional statement of co-accused Anil Rai but the first charge sheet was submitted against four accused persons on the basis of confession of co-accused Naresh Sah, and not considering the confession of co-accused Anil Rai which had been recorded before submission of first charge sheet, let the petitioners above named, who are in custody since 27.6.2009 (in Cr. Misc. Case No. 37841 of 2009), 19.6.2009 (in Cr. Misc. 34118 of 2009) 30.5.2009, (Cr. Misc. 34375 of 2009) 27.5.2009 (Cr. Misc. 35333 of 2009) and 23.6.2009 (in Cr. Misc. Case No. 36457 of 2009) 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, Vaishali, Hajipur, in connection with Mahnar P.S. Case No. 49 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 (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. S.Ali (Anjana Prakash, J.) 3