IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10071 of 2010 1. KARMU CHAUDHARY S/O LATE DOMAN SAH @ LATE DOMAN CHAUDHARY 2. YOGENDRA RAI @ YOGENDRA RAM S/O LATE JANKI RAI Versus STATE OF BIHAR ----------- 5. 6.7.2010 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 and apart from confessional statement of the co-accused there is no legal evidence against them, for which they are in custody since 28.10.2009 and 6.10.2009 respectively. A report was called for from the trial court with regard to the stage of the trial and it appears that the case has been committed to the court of Sessions on 28.5.2010. In view of such, 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 Chief Judicial Magistrate, Katihar in Dandkhora P.S.case No.28 of 2008, subject to the conditions (i) That one of the bailors shall be the wife/brother of the petitioners and the other 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. The bailor will undertake to furnish information to the - 2 - court about any change in the address of the petitioner, (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 and (iii) 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 nature of allegations against the petitioner, 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 thereafter every two weeks for the next nine months. The conduct of the petitioners will be kept under watch in this period by the S.P. concerned and if it is found wanting in any manner a report shall be made to the court concerned by him to initiate 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. Narendra/ ( Anjana Prakash, J. )