IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.45218 of 2009 1. SANJAY SAH s/o Late Umesh Sah & 2. Saroj Thakur s/o Late Hardev Thakur Versus STATE OF BIHAR With Cr. Misc. No. 42550 of 2009 GANESH RAI, son of Late Nirmal Rai alias Nirmal Kumar Rai Versus STATE OF BIHAR ----------- 2/ 08.01.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under sections 392 and 411 of the Indian Penal Code. Taking into consideration the fact that the petitioners are not named in the first information report and the motor cycle was recovered from co-accused Ashok Rai, who disclosed the name of the petitioners but there is no direct evidence against the petitioners, let the petitioners, above named, who are in custody since 7.10.2009 and 11.6.2009, 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 the Chief Judicial Magistrate, Samastipur, in connection with Sarairanjan P.S. case no.28 of 2008, 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 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 - 2 - for cancellation of bail on the ground of misuse, and (iii) 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 petitioners submits that they have been implicated in the cases on account of hostile attitude of the police and wish to redeem their self esteem and for this reason want to work for a social cause. Under the circumstances, let the petitioners report to Mahanth of Mohiuddin Nagar Thakurbari within fifteen days of their release with a copy of this order and file a certificate about the same in the court below. The Mahanth is requested to engage the present petitioners in fruitful activities for the next six months and grant them a certificate about their conduct to be filed in the court below after the expiry of six months. JA/- (Anjana Prakash, J.)