IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42960 of 2009 1. DILIP BAHARDAR SON OF PARMESHWAR BAHARDAR 2. SANJAY BAHARDAR SON OF SHYAM BAHARDAR Versus STATE OF BIHAR With Cr.Misc. No.43594 of 2009 BIJAY MAHALDAR @ BAHARDAR SON OF KRISHAN BAHARDAR Versus STATE OF BIHAR ----------- 2. 14.12.2009 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. Taking into consideration the fact that the petitioners are not named in the first information report and they were named on the basis of the confessional statement of co-accused Pawan Yadav, from whose possession sims of the looted mobiles were recovered, let the petitioners above named, who are in custody since 18.8.2009 and 20.7.2009 respectively and have no criminal antecedents, 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 Chief Judicial Magistrate, Purnea in Sarsi P.S.case No.34 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 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 - 2 - he will inform the court concerned if the petitioner is implicated in 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. Narendra/ ( Anjana Prakash, J. )