IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8111 of 2010 DILIP KUMAR, SON OF LAKHINDRA BHAGAT Versus THE STATE OF BIHAR with Cr.Misc. No.5668 of 2010 SANJEET SAHNI, SON OF BINDESHWAR SAHNI Versus STATE OF BIHAR with Cr.Misc. No.6091 of 2010 GANESH RAI, SON OF DAHAUR RAI Versus STATE OF BIHAR with Cr.Misc. No.6069 of 2010 CHANDESHWAR BHAGAT, SON OF SHRI GANGA BHAGAT Versus STATE OF BIHAR ----------- 2. 23/03/2010 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Section 396 of the Indian Penal Code. The petitioners have not been named in the First Information Report and subsequently, when the names transpired in the confessional statement, neither were they put on Test Identification Parade nor has any recovery of any incriminating article been made from their possession. It has been submitted that the petitioners have no criminal antecedents. The additional material against the petitioner Sanjeet Sahni that he was seen in the area on the date of occurrence but there is no cogent material to connect him with the present occurrence. - 2 - In view of such, 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 Brahmpura P.S. Case No. 79 of 2009 subject to the following 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 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. (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. (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. (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. S.Ali (Anjana Prakash, J.)