IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1428 of 2010 MD. SONU SON OF MD. NAUSHAD Versus THE STATE OF BIHAR With Cr.Misc. No.1524 of 2010 BASHIR MIAN @ MD.BASHIR MIAN SON OF REYAZ AHMAD @ RAJ MOHAMMAD Versus STATE OF BIHAR ----------- 2. 28.1.2010 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Section 414 of the Indian Penal Code. Learned Counsel for the petitioner Md. Sonu is permitted to make correction in the prayer portion of the petition. The submission is that in the first information report it has been stated that subsequent to an F.I.R. instituted with regard to theft having been committed in a grocery shop, the police received an information that the thieves had gathered in the house of one Raj Kishore Prasad where both the petitioners were arrested. Thereafter the houses of the petitioners were searched and certain articles were recovered from their house suspected to be stolen, but there is no parent case of theft with regard to those items recovered. It has been submitted on behalf of petitioner Md. Sonu that there is no other case apart from Town P.S.case No.272 of 2009. So far petitioner Bashir Mian @ Md. Bashir Mian is concerned, the - 2 - submission is common apart from the fact that he is an accused in one other case of 2005 and the parent case which is Town P.S.case No.272 of 2009. Taking into consideration the aforementioned facts, let the petitioners above named, who are in custody since 17.9.2009, 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 Chief Judicial Magistrate, East Champaran at Motihari in Motihari Town P.S.case No.311 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 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 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 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. - 3 - The learned Magistrate will consider the possibility of amalgamating Town P.S.case No.272 of 2009 with the present case in view of the fact that both the cases arise out of a common occurrence. Narendra/ ( Anjana Prakash, J. )