IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35109 of 2009 1. RAM KISHORE RAM SON OF SHIVNATH RAM 2. SANJU RAM SON OF YADUNANDAN, BOTH RESIDENT OF VILLAGE NONIYA DIH, TOLA SUHDEVA, P.S. RAXAUL, DISTRICT EAST CHAMPARAN …. PETITIONERS Versus STATE OF BIHAR ----------- 2. 15.10.2009 Heard learned Counsel for the petitioners and the State. Petitioners seek bail in a case instituted under Sections 395 and 412 of the Indian Penal Code. Taking into consideration the fact that the petitioners have remained in custody since 2.6.2008 for the recovery of one Mobile set from petitioner no.1 and one T.V. set from petitioner no.2, but they have no criminal antecedents, 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 to the satisfaction of Additional Sessions Judge, F.T.C. IV, Motihari in Sessions Trial No.909 of 2008 (Raxaul P.S.case No.45 of 2008), 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 2 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 then his bail will be liable to be cancelled. Narendra/ ( Anjana Prakash, J. )