IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.2564 of 2010 MITHILESH KUMAR, son of Jugal Singh Versus STATE OF BIHAR With Cr. Misc. No.46037 of 2009 MD.KALIM, son of Md. Mannan Versus STATE OF BIHAR ----------- 3/ 18.02.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under sections 392 and 411 of the Indian Penal Code. The petitioners are not named in the First Information Report and subsequently, when one Avinash was picked up on suspicion, he disclosed that conspiracy had been hatched to generally loot some businessmen and then co-accused Ajay Sah gave specific information about the informant. Thereafter, Avinash, Ajay, Sonu, Sunny and Vikash executed the occurrence of robbery and when the looted money was being distributed at Patna, the petitioners arrived there and they were also given part of the looted money. There is no allegation that the petitioners participated in the robbery even though petitioner Mithlesh Kumar may have been present at the time of conspiracy. Taking into consideration the fact that, whereas, with regard to Mithlesh Kumar, there is only one more case under section 399 and 402 of the Indian Penal Code but petitioner Md. Kalim has no criminal antecedents, let them (1. Mithilesh Kumar and 2. Md. Kalim) - 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 the Chief Judicial Magistrate, Begusarai, in connection with Begusarai Town P.S. case no.247 of 2009, subject to the conditions (i) 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 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 petitioner 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, (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. JA/- (Anjana Prakash, J.)