IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13469 of 2010 1. JABBAR NUTT, S/o Belash Nut. 2. Patarki Nutt, S/o Mahjid Nut. Versus THE STATE OF BIHAR ----------- 04. 23.06.2010 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. It has been submitted that the petitioners are not named in the First Information Report but during investigation some witnesses disclosed the complicity of the petitioners as having been seen running away from the place of occurrence on the night of the occurrence. It has been submitted that had the petitioners been in fact seen after the occurrence their names would have been disclosed by the informant in the First Information Report and it being absent the whole story of identification appears to be concocted. Considering the same and also that there has been no recovery from their possession, let the petitioners, above named be released on bail on 2 furnishing bail bonds of Rs. 5,000/- (Five Thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Siwan in connection with Mairwa P.S. Case No. 146 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 bailor shall be the wife of the petitioners. The bailor will also undertake to inform the Court if there is 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. (iv) That the petitioners will be well 3 represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. In view of the antecedents of the petitioners, the petitioners are directed to appear before the Supdt. of Police, Siwan within fifteen days of their release with a copy of this order and thereafter every two weeks for the next one year. The conduct of the petitioners will be kept under watch in this period by the S.P. concerned and if it is found wanting in any respect, a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the Superintendent of Police, a certificate will be filed by the petitioners before the court concerned. Vikash/- (Anjana Prakash, J.)