IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.44818 of 2010 1. LOK NATH DUBEY & 2. Kumbhnath Dubey, both sons of Jitan @ Jitendra Dubey, resident of village- Modidih Koelbari, P.S.-Sijua, District- Dhanbad, Jharkhand …Petitioners Versus THE STATE OF BIHAR …OP ----------- 2/ 16.03.2011 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under sections 406 and 420 of the Indian Penal Code. It has been submitted that the petitioners are in custody since 20.09.2010 and the entire case is based on documentary evidence as also that now charge sheet has been submitted and no useful purpose would be served in keeping them behind the bar. Considering the same, let the petitioners, above named, be released on bail on furnishing bail bond of Rs.5,000/- (five thousand) with two sureties of the like amount each or any other surety to be fixed by the court below to the satisfaction of the Additional Chief Judicial Magistrate, Naugachhia, Bhagalpur, in connection with Naugachhia P.S. Case No.78 of 2010, subject to the conditions (i) that one of the bailors will be the wife/father/brother of the petitioners and another bail shall be local since the petitioners are the resident of Jharkhand. The bailors will undertake to furnish information to the court about any change in the address of the petitioners, (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, (iii) that the bailor shall also state on affidavit that he will inform the court concerned if the 2 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,(iv) 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, and (v) 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.)