IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25198 of 2010 SANJAY NAT, s/o Isahak Nat Versus STATE OF BIHAR with Cr.Misc. No.30131 of 2010 CHINTU NAT, son of Late Sakur Nat Versus THE STATE OF BIHAR ----------- 3/ 25.10.2010 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under sections 395 and 397 of the Indian Penal Code. It has been submitted that the petitioners are not named in the First Information Report but subsequently on the basis of confessional statement of the co-accused certain articles were recovered from their house but with regard to the articles recovered from Sanjay Nat the same did not relate to the present occurrence whereas the articles recovered from the house of Chintu Nat were not put on Test Identification parade. Considering the same, let the petitioners above 2 named, be released on bail on furnishing bail bond of Rs.5,000/- (Five thousand) each with two sureties of the like amount each or any other surety to be fixed by the court concerned to the satisfaction of Chief Judicial Magistrate, Bettiah, West Champaran in connection with Majhaulia P.S.Case No. 315 of 2009 , subject to the conditions, (i) That one of the bailor will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners and the other bailor shall be the wife /son of the petitioners. The bailor will undertake to furnish information to the Court about any change in address of the petitioners. (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 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 delays the trial in any manner, their bail will be liable to be cancelled for 3 reasons of misuse, and (iv) That the petitioners will be well represented on each date if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. Ashwini/- ( Anjana Prakash, J. )