IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.141 of 2010 GAUTAM KUMAR son of late Raj Kumar, Resident of Vaidhwari, P.O.+ P.S.- Vaidhwari, District- Hooghly (West Bengal) ...Petitioner Versus THE STATE OF BIHAR …OP With Cr. Misc. No. 42226 of 2009 SANJAY PODAR son of Sankar Podder, Resident of E/5, Vishwanath Pally, P.O. + P.S. Belgariya, District- 24Pargana (North) (West Bengal) ...Petitioner Versus THE STATE OF BIHAR …OP With Cr. Misc. No.1760 of 2010 BINOD MAHTO son of Nathuni Mahto, Resident of Village- Dangasi, P.S. Sidhwaliya, District- Gopalganj ...Petitioner Versus THE STATE OF BIHAR …OP ----------- 2/ 19.01.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under section 395 of the Indian Penal Code. Pursuant to the First Information Report having been instituted seven persons were arrested out of whom three persons were put on identification parade i.e. Sanjay Singh, Santosh Singh and Sarwesh Kumar Shrivastava and were identified by the witnesses, by the driver and Khalasi. The petitioners’ name transpired in the confessional statement of the co-accused Munna Singh, but there has been no recovery from their possession nor have they been put on test identification parade. From the materials in the case diary, it appears that they have primarily been implicated on account of the fact that they were accused in Rajauli P.S. case no. 119 of 2008 dated 12.9.2008. - 2 - Taking into consideration the aforementioned fact, 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 the Chief Judicial Magistrate, Gopalganj, in connection with Mohammadpur P.S. case no.67 of 2008, 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 petitioners, (ii) 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 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, and (iii) 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. The fact that the petitioners are accused in only one other case i.e. Rajauli P.S. case no.119 of 2008 will be verified by the Magistrate before releasing the petitioners on bail. JA/- (Anjana Prakash, J.)