IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9679 of 2010 RAGHU BANSH MUSAHAR @ GHURA MUSAHAR SON OF RAM PRASAD MUSAHAR Versus THE STATE OF BIHAR With Cr.Misc. No.10301 of 2010 1. KAMTA MUSAHAR S/O RADHA MUSAHAR 2. GABBAR MUSAHAR @ GOBARA MUSAHAR S/O BHUAR MUSAHAR 3. MUKH LAL MUSAHAR S/O SOKHA MUSAHAR Versus THE STATE OF BIHAR ----------- 2. 19.3.2010 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 395 and 412 of the Indian Penal Code. Taking into consideration the fact that the petitioners are named in the first information report and have been implicated on the confessional statement of the co-accused, but there has been no recovery from their possession nor have they been put on test identification parade and have no criminal antecedents, let the petitioners above named 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 C.J.M., Rohtas, Sasaram in Sasaram (Darigaon) P.S.case No.115 of 2009 (In Cr.Misc.No.9679 of 2010) and Addl. Sessions Judge Ist, Rohtas, Sasaram in S.Tr.No.265 of 2009 arising out of Sasaram Darigaon P.S.case No.115 of 2009 (In Cr.Misc.10301 of 2010), subject to the conditions (i) That one of the bailors will be a close relative of the - 2 - petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners, (ii) that the affidavit shall clearly state that the petitioners are not an accused in any other case and if they are they shall not be released on bail, (iii) 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 and (iv) 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. )