IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27364 of 2010 1. GANESH KUMAR SAH SON OF SHOBHA LAL SAH 2. NASEEM KHAN SON OF LATE NASEER KHAN Versus 1. THE STATE OF BIHAR 2. UNION OF INDIA ----------- 3. 18.8.2010 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 413, 414/34 of the Indian Penal Code and 135 of the Customs Act, 1962. It has been submitted that the petitioners are the driver and khalasi respectively of the truck, which was intercepted with betel nuts alleged to be stolen. The Union of India was noticed but the Counsel has appeared and states that since it is a police case, the same may be disposed of on merits of the case without any specific instructions. Considering that the petitioners are merely the driver and khalasi and are in custody since 26.3.2010 and have no criminal antecednets, let the petitioners above named be released on bail on furnishing bail bond of Rs.5,000/- (Five thousand) each with three sureties of the like amount each to the satisfaction of Special Judge, Economic Offences, Purnia in connection with Jalalgarh P.S.case No.16 of 2010 (Special case No.1 of 2010), subject to the conditions (i) That one of the bailors shall be local since the petitioners belong to District North Dinarjpur, West Bengal and the second bailor shall be the father/mother/brother of - 2 - the petitioners and third will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailor will undertake to furnish information to the court about any change in the address of the petitioners, (ii) that the affidavit shall clearly state that the petitioners are not an accused in any other case and if they are they shall not be released on bail, (iii) 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, (iv) 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 (v) 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. Narendra/ ( Anjana Prakash, J. )