IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45617 of 2009 RAJESH KUMAR, son of Brahmdeo Sah Versus THE STATE OF BIHAR ----------- 02. 08.01.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 379 and 411 of the Indian Penal Code. Looking at the pettiness of the nature of crime and period of custody, let the petitioner above named who is in custody since 23.06.2009, be released on bail on furnishing bail bond of Rs. 5000/-(five thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, Ist Class, Samastipur in connection with Tajpur P.S. Case No. 258 of 2009, subject to the conditions (i) 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 (ii) 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 (iii) 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 2 court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse. Shageer (Anjana Prakash, J)