IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23308 of 2009 1. RAJU CHAUDHARY, S/o Late Dular Chaudhary. 2. Raj Kishore Chaudhary, S/o Chandeshwar Chaudhary. Versus THE STATE OF BIHAR ----------- 03. 23.11.2009 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offences under Sections 395 and 397 of the Indian Penal Code. Taking into consideration the fact that the petitioner No. 1, Raju Chaudhary is involved in five other cases out of which four of dacoity, I am not inclined to grant bail to the petitioner No.1 at this stage. The prayer for bail is rejected. So far as petitioner No. 2 is concerned, he has not been named in the First Information Report, nor has been identified in the Test Identification Parade, nor is there any recovery from the possession of the petitioner and he is involved in only two other cases, let the petitioner No. 2, Raj Kishore Chaudhary be released on bail on furnishing bail bond of Rs. 5,000/- (Five Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial - 2 - Magistrate, Muzaffarpur in connection with Ahiyapur P.S. Case No. 49 of 2009 subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. (ii) That the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is 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 petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse. (iv) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. Vikash/- (Anjana Prakash, J.)