IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15973 of 2010 1. PANKAJ KUMAR CHAUDHARY, SON OF RAM SOORAT CHAUDHARY 2. SHYAM KUMAR @ SHYAM BABU, SON OF NAWAL RAUT Versus STATE OF BIHAR ----------- 2. 14.05.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 394 and 412 of the Indian Penal Code. The prosecution case is that the occurrence took place on 27.8.2009, but the Informant did not report the matter to anyone. He tried to contact the accused persons who had looted away his Mobile. While talking to them, he learnt the names of Pankaj, Bikram and Shyam Mandal on 19.9.2009, i.e. about three weeks later. The Informant later learnt that some criminals had been detained in the Police Station with looted Mobile and when he went to the Police Station, he identified the petitioners as the persons who were the miscreants who had looted away his Mobile, and also his mobile had allegedly been recovered from their possession. The petitioners were made accused in the present case as well as Sitamarhi P.S. Case No. 563 of 2009. However, there appears to be foul play in the manner in which the petitioners are being made an accused since it has been noted in Cr. Misc. No. 3865 of 2010 that the present petitioners had also been made accused in cases which had been instituted subsequent to their arrests and for which reason an explanation was called for from the Investigating Officer of the case. 2 In view of such, let the petitioners above named, who are in custody since 7.11.2009, 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 Chief Judicial Magistrate, Sitamarhi, in Sitamarhi P.S. Case No. 565 of 2009 (G.R. No. 2473 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 and the other shall be the father of the petitioner. 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 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 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 fail to do so on two consecutive dates, their bail will be liable to be cancelled. S.Ali ( Anjana Prakash, J.)