IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33056 of 2010 JAGDISH PASWAN @ JAGGA S/O PHULESHWAR PASWAN Versus STATE OF BIHAR with Cr.Misc. No.36114 of 2010 SHIVJEE SAH @ SHIV SHANKAR SAH S/O PRAMOD SAH Versus STATE OF BIHAR ----------- 4. 26.11.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 395, 412, 120 (B) of the Indian Penal Code. Considering that the petitioners are not named in the First Information Report and subsequently their name transpired in the confessional statement of the co-accused but there has been no recovery from their possession nor have they been put on Test Identification Parade, let the petitioners above named, 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 learned Chief Judicial Magistrate, Katihar in connection with Mansahi P.S. Case No. 58/09, subject to the conditions, (i) That one of the bailor will be a close relative of the petitioners who will give an affidavit giving 2 genealogy as to how he is related with the petitioners and the other bailor shall be the wife/brother/father of 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 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 no criminal antecedent shall be verified by the Magistrate before releasing the petitioner on bail. Fahad. ( Anjana Prakash, J. )