IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30943 of 2010 1. JOGENDRA SAH SON OF RAM SAH @ RAM SINGH 2. SHANKAR SINGH SON OF SUKHDEO SINGH Versus STATE OF BIHAR ----------- 4. 15.11.2010 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence u/ss.397 and 398 of the Indian Penal Code. It has been submitted that the petitioners are not named in the First Information Report but after they were arrested on chase along with other co-accused persons they were remanded in the present case as well. Considering the same, 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 A.D.J., F.T.C.IV, Banka in S.T.No.741 of 2010 arising out of Banka P.S. case No.449 of 2009, subject to the conditions (i) That one of the bailors shall be the father/wife/brother of the petitioners and the other bailor will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailor will undertake to furnish information to the Court about any change in address of the petitioner. (ii) That the bailor shall also state on affidavit that he will inform the court concerned if the petitioners are 2 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, (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 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, (iv) 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. In view of the nature of allegations, the petitioners are directed to appear before the Superintendent of Police, Banka within fifteen days of their release with a copy of this order and every two weeks thereafter for the next one year. The conduct of the petitioners will be kept under watch in this period by the superintendent of Police concerned and if it is found wanting in any respect, a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the Superintendent of Police, a certificate will be filed by the petitioners before the court concerned. Narendra/ ( Anjana Prakash, J. )