IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22930 of 2010 1. CHANDAN KUMAR S/o Ram Sewak Choudhary 2. RINKU KUMAR SHEKHAR KUMAR S/o Madan Prasad Versus Petitioners Versus STATE OF BIHAR Opp. Party ----------- 02 08.07.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under sections 399,402,401,400, 414 of the Indian Penal Code and 25, 26, 35 of the Arms Act. It is being submitted that the petitioners are in custody since 6.3.2010 for having been arrested on suspicion and certain indiscriminating articles were recovered from their possession. However, it is submitted that petitioners are not involved in any case of the present nature. In view of such, let the petitioners above named 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, Patna in Beur P.S. Case no. 37 of 2010 subject to the conditions (i) that one of the bailors will be wife/ father of the petitioners and other 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 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 - 2 - present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse (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 do so on two given dates and delays the trial in any manner, their bail will be liable to be cancelled for reasons of misuse (v) that the petitioners will be represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. shahid (Anjana Prakash, J)