IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4389 of 2010 1. ANIUL HAQUE @ BHANDOLWA @ BHANDOLE S/O LATE MD. ISMAIL 2. MISRA CHOUDHARY S/O LATE POKHAN CHOUDHARY Versus STATE OF BIHAR ----------- 3. 11.3.2010 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. Taking into consideration the fact that the petitioners have been implicated in the present case on the confessional statement of the co-accused but neither there has been any recovery from their possession nor have they been put on test identification parade thereafter, let the petitioners above named, who are in custody since 12.10.2009 and 24.8.2009 respectively, 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, Katihar in Dandkhora 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 for cancellation of bail on the ground of misuse, (iii) that - 2 - 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 and (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. In view of the antecedents of the petitioners, the petitioners are directed to appear before the Superintendent of Police, Katihar within fifteen days of their release with a copy of the present order and thereafter every two weeks for the next nine months. The conduct of the petitioners will be kept under watch in this period by the S.P. concerned and if it is found wanting in any manner a report will be made by the Superintendent of Police to the court concerned to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the Superintendent of Police, a certificate will be filed by the petitioners before the court concerned. Narendra/ ( Anjana Prakash, J. )