IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42421 of 2009 1. GAJENDRA SARDAR S/O LATE BHOLI SARDAR 2. MANTU SARDAR S/O YOGENDRA SARDAR Versus STATE OF BIHAR ----------- 2. 4.12.2009 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 144, 341, 323, 353, 379, 384 of the Indian Penal Code and 54 of the Disaster Management Act, 2005. The submission is that the petitioners were themselves flood stricken and due to desperation they looted away the articles kept for relief. Under the circumstances, let the petitioners above named, who are in custody since 20.8.2009 and 28.8.2009, 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 C.J.M., Supaul in Chhatapur P.S.case No.132 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 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 and (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 their release in the present case and - 2 - thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse. Narendra/ ( Anjana Prakash, J. )