IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6944 of 2010 1. CHHOTU KUMAR SON OF LAKHAN SAO 2. AJAY KUMAR SON OF DEVENDRA ROUT 3. RAJU KUMAR SON OF SHYAM SUNDRA PRASAD Versus STATE OF BIHAR ----------- 2. 3.3.2010 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Section 414/34 of the Indian Penal Code. The prosecution case is that when the police reached the shop of one Ramlal alias Ramdayal on suspicion that he was dealing with stolen aluminium wire, the petitioners and co-accused were seen fleeing away from the place of occurrence upon which they were apprehended. It was suspected that the petitioners had come to purchase the stolen aluminium wire from the shop of Ramlal alias Ramdayal. It has been asserted that the petitioners have no criminal antecedents and in fact it is only on suspicion that they have been roped in the present case. Under the circumstances, let the petitioners above named, who are in custody since 31.12.2009, 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, Patna in Kankarbagh P.S.case No.396 of 2009, 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 - 2 - he is related with the petitioners, (ii) that the affidavit shall clearly state that the petitioners are not an accused in any other case and if they are they shall not be released on bail and (iii) 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 of bail. Narendra/ ( Anjana Prakash, J. )