IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.453 of 2010 MD.SALIM KHAN, S/O MD. AYUB KHAN Versus STATE OF BIHAR With Cr. Misc. No. 914 of 2010 ARSHAD, S/O ZAHEERUDDIN Versus STATE OF BIHAR **** /2/ 19.01.2010 Heard both the sides. 2. The petitioners seek bail in a case instituted under Section 379 of the Indian Penal Code. 3. Taking into consideration the fact that initially a final form was submitted saying that there was no clue found, but, after three years of the occurrence one Md. Arshad was arrested with the alleged stolen gems, who disclosed that Md. Salim Khan also was his companion, who had gone to sell the stolen stones. However, there is no test identification parade of the stones nor does it seem probable that the informant would be able to identify his stones, which are more or less similar looking and there could be a chance of wrong identification. Taking into consideration the aforementioned facts, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs.5,000/- (rupees five thousand) each with two sureties of the like amount each in connection with Rail Sasaram (Dehri) P.S. Case No. 46 of 2006 to the satisfaction of the Railway Judicial Magistrate, Gaya, on the conditions (i) that one of the bailors will be a close relative of each of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners and petitioner, Md. Salim Khan (in 2 Cr. Misc. No. 453 of 2010) is not a local person, it would be desirable that a local bailor be ensure in his regard, (ii) that the affidavit shall clearly state that the petitioner(s) is/are not an accused in any other case and if he/they is/are, he/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 petitioner(s) is/are implicated in any other case of similar nature after his/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 (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 he/they fail(s) to do so on two given dates and delays the trial in any manner then his/their bail will be liable to be cancelled for reasons of misuse. S.A. (Anjana Prakash, J)