IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.21364 of 2010 1. MD.PAPPU son of Md. Sarajuddin & 2. Md. Rajji son of Md. Israil Versus THE STATE OF BIHAR ----------- 2/ 02.07.2010 Supplementary affidavit on behalf of the petitioners is being filed. Let it be kept with the record. 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. It has been submitted that even though the petitioners were named in the First Information Report but they were never sought to be arrested by the police in the intervening period. Further submission is that in the meanwhile other accused persons were charge sheeted and put on trial but the informant did not support the case of the prosecution and stated that other eye witness was not likely to appear for evidence and, therefore, they were acquitted of the charges. Considering the same as also that the petitioners have no antecedent, 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 Chief Judicial Magistrate, Saharsa, in connection with Saharsa Sadar P.S. Case No. 530 of 2007, 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. The bailors will undertake to furnish information to the court about any change in the address of the petitioners, (ii) that the affidavit shall clearly state that the - 2 - petitioners are not 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,(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, and (v) 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. JA/- (Anjana Prakash, J.)