IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9343 of 2010 ANIL SAHNI SON OF SURAJ SAHNI Versus STATE OF BIHAR ----------- 2. 16.3.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 328, 379 and 411 of the Indian Penal Code. When the miscreants after dragging the informant attempted to flee away with his possession, the co-accused Rajesh Mahto was caught with the stolen articles who disclosed the name of the petitioner as the person who fled away. It has been submitted that there has been no recovery from his possession nor does he have any criminal antecedents. In the aforesaid circumstances, let the petitioner above named, who is in custody since 25.1.2010, 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 Railway Judicial Magistrate, Samastipur in Samastipur G.R.P.S. case No.90 of 2009 (G.R.No.169 of 2009), subject to the conditions (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner, (ii) that the affidavit shall clearly state that the petitioner is not an accused in any other case and if he is he shall not be released on bail, (iii) that the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is implicated in - 2 - any other case of similar nature after his 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 (iv) that the petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse. The fact that the petitioner has no criminal antecedents will be verified by the Magistrate concerned before releasing the petitioner on bail. Narendra/ ( Anjana Prakash, J. )