IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16038 of 2010 1. MD. TASLIM @ SALIM SON OF MD. SHAMSUL 2. MD. KUDRAT SON OF MD. BAHADUR Versus STATE OF BIHAR ----------- 3. 7.7.2010 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Section 395 of the Indian Penal Code. It has been submitted that in the present case the petitioners are not named in the first information report but were implicated on the basis of the confessional statement of the co- accused and subsequently when the vehicle was recovered, another case was instituted in which the petitioners were made an accused. Considering that the petitioners are in custody since 8.1.2010 and apart from one other case with regard to the same subject matter they have no criminal antecedents, 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 Sri Manoj Kumar, Judicial Magistrate, 1st class, Hilsa, Nalanda in Chandi P.S.case No.267 of 2009, subject to the conditions (i) That one of the bailors shall be the father/mother of the petitioners and the other bailor will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailor - 2 - will undertake to furnish information to the court about any change in the 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 delays 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. The fact that there is only one other case besides the present one pending against the petitioners will be verified by the Magistrate concerned before releasing the petitioners on bail. Narendra/ ( Anjana Prakash, J. )