IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.24711 of 2010 SUDHANSHU KUMAR SINGH @ TANTAN SINGH son of Sri Pramod Kumar Singh Versus STATE OF BIHAR With Cr. Misc. No. 7371 of 2010 PINKU CHOUDHARY @ Pankaj Chouhdary @ Pankaj Kumar Choudhary S/o Sri Bhola Choudhary @ Sunil Kumar Choudhary Versus STATE OF BIHAR With Cr. Misc. No. 17104 of 2010 1. DEVENDRA SINGH @ DEVENDRA KUMAR @ KAILA @ KAILU SINGH s/o Parmanand Singh & 2. Nawal Singh son of Parmanand Singh Versus STATE OF BIHAR ----------- 2/ 23.07.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under sections 363, 395 of the Indian Penal Code. The prosecution case is that truck driver was drugged and thereafter the articles loaded on the same were stolen away. The petitioners were apprehended in another case and they have confessed their complicity in the present case on account of which they were remanded in this case. However, considering that the petitioners have not been put on test identification parade nor has any recovery been made from their possession, let the petitioners, above named, be released on bail on furnishing bail bond of Rs.5,000/- (five thousand) with three sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Katihar, in connection with Kursela P.S. Case No. 32 of - 2 - 2009, 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, second bailor shall be the father/mother/wife of the petitioners and the third bailor shall be local since the petitioners are the residents of Bhagalpur district. The bailors will undertake to furnish information to the court about any change in the 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 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, and (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 petitioners, the petitioners are directed to appear before the Superintendent of Police, Katihar, within fifteen days of his release with a copy of this order and every two weeks thereafter for the next nine months. The conduct of the petitioners 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 - 3 - 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 petitioners before the court concerned. JA/- (Anjana Prakash, J.)