IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37710 of 2009 1. RAKESH PANDEY, SON OF SATRUGHAN PANDEY 2. BINOD DAS, SON OF LATE MAHASHI DAS Versus THE STATE OF BIHAR ----------- 3. 22/02/2010 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. Taking into consideration the fact that the petitioners are not named in the First Information Report nor identified in Test Identification Parade and in pursuance to the confessional statement, no recovery has been made from their possession, 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 A.D.J. –I, Barh, Distt. Patna, in connection with Sessions Trial No. 884 of 2009 arising out of Bakhtiarpur P.S. Case No. 63 of 2009 subject to the following 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 the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will - 2 - be liable to be cancelled. S.Ali (Anjana Prakash, J.)