IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.3808 of 2010 1. DHANANJAY SHARMA, s/o Bhuneshwar Sharma & 2. Kusho Sharma S/o Jagdish Sharma Versus STATE OF BIHAR ----------- 2/ 11.02.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under section 379 of the Indian Penal Code. Taking into consideration the fact that the petitioners are not named in the First Information Report and subsequently, the informant suspected the present petitioners since they had earlier come for purchase of the said vehicle but there has been no recovery from their possession nor they have any criminal antecedent, let the petitioners, above named, who are in custody since 23.12.2009, 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, Khagaria, in connection with Beldaur P.S. case no. 98 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 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 - 2 - 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, his bail will be liable to be cancelled for reasons of misuse. JA/- (Anjana Prakash, J.)