IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18345 of 2009 GAURAV KUMAR SON OF MADAN PRASAD THAKUR OF VILLAGE BHUSKAUL, P.S PUSA, DISTRICT SAMASTIPUR …. PETITIONER Versus STATE OF BIHAR with Cr.Misc. No.23737 of 2009 SHIYA SHARAN DAS @ BUDH RAM DAS S/O RAM NARAYAN DAS, R/O VILL. MAYARI, P.S. SARAI RANJAN, DISTRICT SAMASTIPUR …. PETITIONER Versus STATE OF BIHAR ----------- 3. 6.11.2009 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 395, 397 and 412 of the Indian Penal Code. Taking into consideration the fact that the petitioners have been identified by only one witness i.e. the informant, for which the petitioners have remained in custody since 19.12.2008 and have no criminal antecedents, 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 C.J.M., Muzaffarpur in connection with Sakara P.S.case No.381 of 2008, 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, (ii) that the bailor shall also state on affidavit that he will 2 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 and (iii) It has been submitted that the petitioners have no criminal antecedent and so the affidavit shall clearly state about the antecedent of the petitioners and it will be open to the court concerned to call for a report about the antecedent of the petitioners from the Superintendent of Police and in case it is found to the contrary the court below shall initiate a proceeding against the person who has sworn affidavit in the present bail application. Narendra/ ( Anjana Prakash, J. )