IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.10635 of 2010 MAHENDRA MAHTO @ MAHENDRA KUMAR, son of Shri Jalim Mahto Versus STATE OF BIHAR With Cr. Misc. No. 11017 of 2010 RAVINDRA MAHTO @ RAVINDRA @ RABINDRA KUMAR, son of Bhado Mahto Versus THE STATE OF BIHAR ----------- 2/ 12.04.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under sections 379, 411 and 414 of the Indian Penal Code. The petitioners are named in the First Information Report on the basis of the confessional statement of the co-accused and thereafter the tractor batteries were recovered from the possession of the petitioners for which the petitioners have remained in custody since 8.1.2010 but have no criminal antecedent. Under the circumstances, let the petitioners, above named, 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 the Chief Judicial Magistrate, Lakhisarai, in connection with Mednichouki (Surajgarha) P.S. case no. 9 of 2010, subject to the 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. The bailor will undertake to furnish information to the court about any change in the address of the petitioner, (ii)that the affidavit shall clearly state that the petitioner is not accused in any other case and, if he is, he shall not be released on - 2 - bail, (iii)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, and (iv) 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. JA/- (Anjana Prakash, J.)