IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37322 of 2009 1. SURESH CHOUDHARY, S/o Late Bishun Choudhary. 2. Sriniwas Sah, S/o Nawrattan Sah. Both R/o Village-Koelwa, P.S.-Haspura, District- Aurangabad. Versus THE STATE OF BIHAR ----------- 02. 04.11.2009 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offences under Sections 395 and 397 of the Indian Penal Code. Taking into consideration the fact that it is a case of misuse of bail for a period of six years for which the petitioners have remained in custody since 25.08.2009, let the petitioners above named be released on bail on furnishing bail bonds of Rs. 5,000/- (Five Thousand) each with two sureties of the like amount each to the satisfaction of Sri Jai Ram Prasad, Judicial Magistrate 1st Class, Muzaffarpur (or his successor in the office) in connection with Gaighat P.S. Case No. 50 of 1999 (Tr. No. 1939 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 - 2 - he is related with the petitioners. (ii) 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 delays the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. (iii) 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. Vikash/- (Anjana Prakash, J.)