IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16326 of 2010 1. SANJIT CHAUDHARY @ SANJIT RAJ, SON OF DUDHESHWAR CHAUDHARY 2. UDAY BHUIYA, SON OF LAXMAN BHUIYAN Versus STATE OF BIHAR ----------- 2. 18.05.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 395 and 397 of the Indian Penal Code. The petitioners are not named in the First Information Report and subsequently when a looted Mobile which was the subject matter of Barun P.S. Case No. 193 of 2009 was recovered from the possession of brother of the petitioner No. 1. the petitioners’ complicity arose in the present case as well. However, the petitioners have not been put on Test Identification Parade nor have any incriminating article been recovered from their possession. It has been submitted that the petitioners are accused only in Barun P.S. Case No. 193 of 2009 besides the present case which fact will be verified by the Magistrate before releasing the petitioner on bail. 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 Chief Judicial Magistrate, Aurangabad, in Barun P.S. Case No. 98 of 2009 subject to the following conditions: (i)That one of the bailors will be a close relative of the 2 petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners and the other shall be the local since the petitioners belong to Gaya. The bailor will undertake to furnish information to the Court about any change in address of 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 for cancellation of bail on the ground of misuse. (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. (iv)That the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. S.Ali ( Anjana Prakash, J.)