IN THE HIGH COURT OF JUDICATURE AT PATNA Cr .Misc. No.1247 of 2010 SANJAY CHAUDHARY, S/O DUDHESHWAR CHAUDHARY Versus STATE OF BIHAR **** /2/ 28.01.2010 Heard both the sides. 2. The petitioner seeks bail in a case instituted under Sections 379, 323, 504, 506, 147, 148, 149 and 395 of the Indian Penal Code. 3. It has been submitted that from the narrative of the first information report the object of the miscreants was to assault and theft was incidental to the said assault and, therefore, no offence under Section 395 of the Indian Penal Code would be made out. Moreover, the petitioner has not been named in the first information report and subsequently he was identified in the test identification parade after about one and half months of having been arrested. The petitioner has no criminal antecedent, which has been stated in the petition. 4. Taking into consideration the aforementioned fact, let the petitioner, above named, who is in custody since 14.09.2009 be released on bail on furnishing bail bond of Rs.5,000/- (rupees five thousand) with two sureties of the like amount each in connection with Barun P.S. Case No. 193 of 2 2009 to the satisfaction of the Chief Judicial Magistrate, Aurangabad, on the conditions (i) that one of the bailors will be a close relative of the petitioner who will give an affidavit giving 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, (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 and (iv) that the petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner then his bail will be liable to be cancelled for reasons of misuse. S.A. (Anjana Prakash, J.)