IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20968 of 2010 SANTOSH YADAV & ANR Versus STATE OF BIHAR ----------- 02. 25.06.2010 Petitioners are languishing in jail since 03.07.2008 in a case registered under Section 395 of the I.P.C. It is submitted by learned counsel for the petitioners that petitioners are not named in the F.I.R. but subsequently their name surfaced in the confessional statement of the co-accused but neither they have been put on T.I. parade nor any recovery has been made from their possession though petitioners are in custody since 03.07.2008. It is further submitted that though petitioners have criminal antecedent but the similarly situated accused who has also criminal antecedent like Shailesh Singh @ Shailesh Kumar Singh has been granted bail vide Cr. Misc. No. 8868 of 2010 on 19.05.2010 photocopy of the same has been produced. Let it be kept on record. Let the petitioners namely 1. Santosh Yadav 2. Rajiv Ranjan Sinha @ Dablulal be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Aurangabad in connection with 2 Barun P.S. Case No. 126 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 and the other shall be the brother of the petitioners and 3rd bailor shall be the local since the petitioners belong to Rohtas at Sasaram. 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 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(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 fails 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, Aurangabad within fifteen days 3 of their release with a copy of this 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 Superintendent of Police concerned and if it is found wanting in any respect, a report shall be made to the Court concerned by him to initiated 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. Shageer (Dinesh Kumar Singh, J.)