IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.44543 of 2009 1. SAPHID NADAF @ BAUKU S/O FAUDAR NADAF R/O VILL.- BAIRA (PARSA), P.S.- JAI NAGAR, DISTT.- MADHUBANI 2. RABHID NADAF S/O FAUDAR NADAF R/O VILL.- BAIRA (PARSA), P.S.JAI NAGAR, DISTT.- MADHUBANI .. Petitioners Versus THE STATE OF BIHAR .. Opposite Party **** /3/ 06.01.2010 Heard both the sides. 2. The petitioners seek bail in a case instituted under Sections 399, 402 and 400 of the Indian Penal Code. 3. Taking into consideration the fact that petitioner no. 2 was arrested at the spot and then he disclosed the name of petitioner no. 1 and others, but, petitioner no. 1 is in custody since 21.06.2007 and petitioner no. 2 is in custody since 11.04.2007 respectively, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs.5,000/- (rupees five thousand) each with two sureties of the like amount each in connection with S.T. Case No. 722 of 2007 arising out of Harlakhi P.S. Case No. 45 of 2007 to the satisfaction of the Additional Sessions Judge, Fast Track Court, I, Madhubani, on the conditions (i) that one of the bailors will be a close relative of each of the petitioners who 2 will give an affidavit giving genealogy as to how he is related with the petitioners, (ii) that the bailor shall also state on affidavit that he will inform the Court concerned if the petitioner(s) is/are implicated in any other case of similar nature after his/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 he/they fail() to do so on two given dates and delay(s) the trial in any manner then his/their bail will be liable to be cancelled for reasons of misuse. S.A. (Anjana Prakash, J.)