IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.38586 of 2009 1. BIRENDRA MAHTO @ BIRAN @ BIRAJ MAHTO, S/O Jaimangal Mahto, resident of village Bhatu Tola Ghoghiya, P.S. Jitna (Ghorasahan) district East Champaran 2. MD. ALAM, son of Ishrail Mian, resident of village Bijbani Baraiya Tola, P.S. Jitna (Ghorasahan) district East Champaran .. Petitioners Versus STATE OF BIHAR .. Opposite Party **** /2/ 06.11.2009 Heard both the sides. 2. The petitioners seek bail in a case instituted under Section 364 of the Indian Penal Code. 3. Taking into consideration the fact that even though the case of the petitioners was earlier rejected by an order, dated 07.10.2009 without assistance from the counsel for the petitioners, the prayer for bail has been renewed on the ground that co-accused, similarly placed, has been granted bail by this Court vide Cr. Misc. No. 30508 of 2009, by an order, dated 24.08.2009, and only material that has transpired against the petitioners is that they were seen moving in the market, but, has no criminal antecedent and belong to the same area as that of the kidnapped persons, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs.5,000/- (rupees five thousand) each with two sureties of the like amount each in 2 connection with S. Tr. No. 599 of 2009 (arising out of Ghorasahan P.S. Case No. 219 of 2008) to the satisfaction of the Additional Sessions Judge, XI, East Champaran at Motihari, on the conditions (i) that one of the bailors will be a close relative of each of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners, (ii) that the affidavit shall clearly state that the petitioner(s) is/are not an accused in any other case and if he/they is/are, he/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 petitioner(s) is/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 and (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 he/they fail(s) to do so on two given dates and delay(s) the trial in any manner then his/their bail will be liable to be cancelled for reasons of misuse. S.A. (Anjana Prakash, J.)