IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44361 of 2010 RAJ KUMAR THAKUR S/O SONE LAL THAKUR Versus THE STATE OF BIHAR With Cr.Misc. No.34866 of 2010 1. FANTUSH YADAV SON OF MOHAN YADAV 2. CHETAN YADAV SON OF BASUDEO YADAV Versus STATE OF BIHAR ----------- 2. 15.3.2011 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence u/s.395 of the Indian Penal Code. It has been submitted that the petitioners are in custody since 30.6.2010 for having been suspected to have committed dacoity and they have fair antecedents. Considering the same, let the petitioners above name, be released on bail on furnishing bail bond of Rs.5,000/- (Five thousand) each with two sureties of the like amount each or any other surety to be fixed by the court concerned to the satisfaction of Chief Judicial Magistrate, Katihar in Katihar P.S. case No.204 of 2010, subject to the conditions (i) That one of the bailor shall be the father of the petitioners and the other bailor will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailor will undertake to furnish information to the Court about any change in address of the petitioners. (ii) That the affidavit shall clearly - 2 - 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 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 delays 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 if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. The fact that the petitioners have fair antecedents will be verified by the Magistrate concerned before releasing the petitioners on bail. Narendra/ ( Anjana Prakash, J. )