IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43768 of 2009 PANKAJ KUMAR son of Sri Kailash Rajak Versus STATE OF BIHAR 2. 16.12.2009. Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under sections 461, 379 and 411 of the Indian Penal Code. Taking into consideration the fact that the petitioner is not named in the first information report, there is no recovery from his possession nor does he has any criminal antecedent and the only material against him is confessional statement of co-accused, let the petitioner above named who is in custody since 9.11.2009 be released on bail on furnishing bail bond of Rs. 5,000/- with two sureties of the like amount each to the satisfaction of Smt. Namita Singh, J.M., 1st class, Gaya in connection with Bodh Gaya, P.S. Case No.84 of 2009, G.R. No.1512 of 2009 subject to the following conditions: (a) 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 petitioner, (b) that the affidavit shall clearly state that the petitioner is not an accused in any other case and if he is he shall not be released on bail. (c) 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 a proceeding for - 2 - cancellation of bail on the ground of misuse. (d) that the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. Md.S. (Anjana Prakash,J.)