IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43025 of 2009 1. SONU KUMAR son of Balla Yadav 2. Anand Kumar @ Anant Kumar son of Dilip Yadav Versus STATE OF BIHAR 2. 14.12.2009. 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 were arrested right after the occurrence but no stolen article was recovered from their possession and they have no criminal antecedent, let the above named petitioners, who are in custody since 7.9.2009 be released on bail on furnishing bail bond of Rs.5,000/- each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Nawada, in connection with Nawada P.S. Case No.334 of 2009 subject to the conditions (i) that one of the bailors will be a close relative of the petitioner who will give an affidavit genealogy as to how he is related with the petitioner, (ii) that the affidavit shall clearly state that the petitioner is not an accused in any other case and if he is he shall not be released on bail and (iii) that the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is implicated in any other case of similar nature after his 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. Md.S. (Anjana Prakash,J.)