IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.29644 of 2009 DHARMENDRA KUMAR, son of Sheo Narayan Yadav, resident of village Umrawbigha, Police Station Makhdumpur (Tehta) district Jehanabad .. Petitioner Versus THE STATE OF BIHAR .. Opposite Party **** /3/ 17.09.2009 Heard both the sides. 2. The petitioner seeks bail in a case instituted under Sections 379 and 411 of the Indian Penal Code. 3. Taking into consideration the fact that the case involves only theft of mobile phones, but, the petitioner has remained in custody since 10.06.2009 and has no criminal antecedent, let the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.5,000/- (rupees five thousand) with two sureties of the like amount each in connection with Belaganj P.S. Case No. 80 of 2009 to the satisfaction of the Chief Judicial Magistrate, Gaya, on the conditions 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, that the affidavit shall clearly state that the petitioner is not an accused in any other case and if he is he shall not be released on bail and that the 2 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. S.A. (Anjana Prakash, J.)