IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.30295 of 2009 1. MINTU @ MD. MINTU son of Md. Gonu & 2. Sunny @ Md. Sunny son of Tahir @ Tahid Both resident of Mohalla- Shukla road Johra Gali, P.S. Town, District- Muzaffarpur …Petitioners Versus STATE OF BIHAR ….OP ----------- 2/ 27.08.2009 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under section 414 of the Indian Penal Code. Taking into consideration the fact that recovery of the motorcycle was not made from the conscious possession of the petitioners and it appears that the same was seized from the Dancing Hall of the petitioner no.2’s mother and petitioner no.1’s mother’s sister (Mausi) and the submission that the petitioners have no concern with those motor cycle which had been brought there by the customers, let the petitioners above named 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, Muzaffarpur, in connection with Town P.S. case no.218 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 he is related with the petitioner, (ii) that the affidavit shall clearly state that the petitioners are not accused in any other case and if they are they shall not be released on bail, and (iii) that the bailors shall also state on affidavit that they will inform the court concerned if the petitioners are implicated in any other case of - 2 - 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. JA/- (Anjana Prakash, J.)