IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44089 of 2010 SURESH PASWAN, S/o Rajdeo Paswan. Versus THE STATE OF BIHAR with Cr.Misc. No.44209 of 2010 MAHENDRA BAITHA, S/o Late Rajan Baitha. Versus THE STATE OF BIHAR with Cr.Misc. No.45013 of 2010 1. SOGARATH SAHANI, S/o Late Bhola Sahani. 2. Chhote Lal Sahani @ Ram Nandan Sahani, S/o Late Bhola Sahani. 3. Jageshwar Sahani, S/o Late Shobhi Sahani. 4. Sandeep Sahani, S/o Jageshwar Sahani. Versus THE STATE OF BIHAR ----------- 02. 14.03.2011 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offences under Section 395 of the Indian Penal Code and Section 17 of the Cr.L.A. Act. It has been submitted on behalf of the petitioners that the petitioners are not named in the First Information Report and subsequently their names transpired during investigation without alleging any specific overt act. Considering the same as also that the petitioners have fair antecedents except that the case which has been instituted by the police for the same cause of action, let the petitioners, above named be released on bail on furnishing bail bonds of Rs. 5,000/- (Five Thousand) each with two sureties of the like amount each or any other surety as fixed by the Court to the satisfaction of Additional Sessions Judge, F.T.C.-II, Sitamarhi in connection with S.Tr. No. 565 of 2010 arising out 2 of Belsand P.S. Case No. 30 of 2010 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. 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 represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. Vikash/- (Anjana Prakash, J.)