IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.35684 of 2009 1. SUDHIR MEHTA s/o Dumar Lal Mehta, & 2. Bishundeo Mehta @ Bishnudeo Mehta, s/o late Ram Prasad Mehta Versus THE STATE OF BIHAR & ANR ----------- 3/ 16.02.2010 Heard learned counsel for the petitioners, informant and the State. The petitioners seek bail in a case instituted for the offence under sections 384, 386 of the Indian Penal Code. Taking into consideration the fact that subsequently the informant compromised the matter with the accused persons in support of which the counsel for the informant has appeared today in the court, let the petitioners, above named, who are in custody since 22.8.2009, be released on bail on furnishing bail bond of Rs.5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Araria, in connection with Forbesganj P.S. case no.337 of 2007, 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 affidavit shall clearly state that the petitioners are not accused in any other case and, if they are, they shall not be released on bail, (iii) that the bailors shall also state on affidavit that they 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 (iv) that the petitioners will give an undertaking that they will receive the police - 2 - 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. The learned Magistrate is directed to commit the case and the trial court in seisin of the case will conclude the trial expeditiously in view of the fact that there is already compromise between the parties. JA/- (Anjana Prakash, J.)