IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46257 of 2009 1. JAMAL MIAN, SON OF ALI MIAN 2. FUKEN MIAN, S/O LATE FATKEN MIAN Versus STATE OF BIHAR ----------- 4. 05/04/2010 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Section 396 of the Indian Penal Code. The petitioners are not named in the First Information Report. Subsequently they were arrested in a case of Arms Act on 17.2.2007. In the meanwhile, the petitioners’ name transpired in the confessional statement of the co-accused Jabbar Mian on account of which the petitioners were remanded in the present case only on 17.11.2009 even though the material against the petitioners had transpired much earlier. In view of such, 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 Additional Sessions Judge,F.T.C.-2, Madhepura, in Sessions Trial No. 141(A) of 2009 arising out of Bihariganj P.S. Case No. 70 of 2006 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 - 2 - 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. (iv)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. In view of the antecedents of the petitioner, the petitioner is directed to appear before the Superintendent of Police, Madhepura, within fifteen days of his release with a copy of this order and thereafter every two weeks for the next nine months. The conduct of the petitioner will be kept under watch in this period by the Superintendent of Police concerned and if it is found wanting in any respect, a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the Superintendent of Police, a certificate will be filed by the petitioner before the court concerned. S.Ali (Anjana Prakash, J.)