IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.32922 of 2010 BRIJNANDAN RAI s/o Late Ramsogarath Rai Versus THE STATE OF BIHAR With Cr. Misc. No. 33001 of 2010 UMESH RAI s/o Sri Bindeshwar Rai Versus STATE OF BIHAR ----------- 2/ 04.10.2010 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 and Section 17 of the C. L. A. Act. Considering that the petitioners are named in the confessional statement of the co-accused but apart from one other case instituted for the same occurrence they have fair antecedents, let the petitioners, above named, be released on bail on their 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 the Chief Judicial Magistrate, Sitamarhi, in connection with Belsand P.S. case no.30 of 2010, subject to the conditions (i) that one of the bailors will be a close relative of the petitioners, who will give an affidavit giving genealogy as to how he is related with the petitioners and the other bailor shall be the brother/wife/mother of the petitioners. The bailors will undertake to furnish information to the court about any change in the address of the petitioners, (ii) that the bailors shall also state on affidavit that they will inform the court concerned if the petitioners - 2 - 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 the 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 delay the trial in any manner, their bail will be liable to be cancelled for reasons of misuse, and (iv) that the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. The fact that the petitioners are accused only in the connected case will be verified by the Magistrate before releasing them on bail. JA/- (Anjana Prakash, J.)