IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44836 of 2009 1. MD. MOHSIN SON OF MD. MAHBOOB 2. MD. MUKHATAR SON OF LATE MD. RASID Versus STATE OF BIHAR ----------- 4. 8.2.2010 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. The petitioners had been refused bail by an order dated 26.8.2009 passed in Cr.Misc.No.21980 of 2009 on the assumption that they are accused in five cases, but it has been submitted that in fact the petitioners are accused in only two cases and for verification of which the case diary was once again called for. In paragraph 35 of the case diary, the antecedent of petitioner no.1 has been mentioned as having one other case pending against him on suspicion, whereas there is no mention of any antecedent of petitioner no.2. However, learned Counsel for the petitioners has fairly submitted that there are two cases pending against them and in the present case there is no legal evidence against the petitioners since neither they were named in the first information report nor identified in test identification parade and there has been no recovery from their possession. Taking into consideration the aforementioned facts, let the petitioners above named, who are in custody since 30.3.2009, - 2 - 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 C.J.M., Purnia in connection with Baisi P.S.case No.84 of 2004, subject to the 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 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 of bail and (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. Narendra/ ( Anjana Prakash, J. )