IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.41656 of 2009 SUNIL KUMAR @ DASMANKA KAHAR son of late Nanhaku Singh Versus STATE OF BIHAR With Cr. Misc. No.42860 of 2009 MANISH SINGH @ MANISH KUMAR SINGH son of Dinesh Singh Versus STATE OF BIHAR ----------- 3/ 19.01.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under section 394 of the Indian Penal Code. It has been submitted that the petitioners are not named in the First Information Report and subsequently on 12.6.2009, when the petitioners were arrested by the Hilsa police and kept in the police Hajat, the informant and other witnesses went there and identified them and reported to the Investigating Officer of the present case that these were the persons, who had committed the occurrence of loot of their articles. Since this kind of identification has absolutely no meaning, I am inclined to grant bail to the petitioners, who are in custody since 31.8.2009. Accordingly, let the petitioners, above named, be released on bail on furnishing bail bond of Rs.5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Hilsa, Nalanda, in connection with Chandi P.S. case no. 109 of2009, 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, - 2 - (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 delay the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. JA/- (Anjana Prakash, J.)