IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36298 of 2009 RAMASHANKAR PANDEY @ NUNU PANDEY SON OF KASHINATH PANDEY Versus STATE OF BIHAR With Cr.Misc. No.5747 of 2010 DHANANJAY KUMAR S/O MRITYUNJAY PRASAD Versus STATE OF BIHAR ----------- 5. 18.2.2010 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 413, 414, 420, 467, 468 and 471/34 of the Indian Penal Code. The first information report speaks of two vehicles having been intercepted on suspicion, wherein the petitioners were found sitting and it was suspected that they were dealers of stolen vehicles and also indulged in illegal financial transactions. It has been submitted that the petitioners conceded that they were dealers of cars but not stolen vehicles. It has also been asserted that the petitioners have no criminal antecedents and do not belong to any gang of vehicle lifters which fact may be verified before releasing the petitioners on bail. Under the circumstances, let the petitioners above named, who are in custody since 28.7.2009, 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., Madhubani in connection with Khajauli P.S.case No.75 of 2009 - 2 - (G.R.No.1904 of 2009), 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 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 of bail 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 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 before releasing the petitioners on bail will verify the fact that the petitioners are not accused in any other case of similar nature and in case it is found to be contrary, they will not be released on bail. Narendra/ ( Anjana Prakash, J. )