IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.19636 of 2010 1. SONU JHA @ RAKESH JHA son of Shambhu Jha alias Ramsagar Jha & 2. Sohan Yadav son of Late Bhola Yadav Versus STATE OF BIHAR ----------- 3/ 25.06.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under sections 395 and 397 of the Indian Penal Code. It has been submitted that the petitioners are not named in the First Information Report and when one of the looted mobile was recovered from one Amit Kumar Singh, he disclosed that the same has been sold him by the petitioner no.1 Sonu Jha. It has further been submitted that the petitioners are accused in only one other case which fact would be verified by the court below before releasing the petitioners on bail. In view of such, let the petitioners, above named, who are in custody since 21.10.2009 and 13.10.2009 respectively, be released on bail on furnishing bail bond of Rs.5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of the Railway Judicial Magistrate, 1st class, Khagaria, in connection with Khagaria Rail P.S. Case No. 49 of 2009, 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. Another bailor of the petitioners shall be their father/mother. The bailors will undertake to furnish information to the court about any change in the address of the petitioners, (ii) 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,(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. JA/- (Anjana Prakash, J.)