IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34108 of 2009 MAHADEO KUMAR SON OF BALMIKI MAHTO, RESIDENT OF MOHALLA ENGLISH, POLICE STATION LAKHISARAI, DISTRICT LAKHISARAI …. PETITIONER Versus STATE OF BIHAR WITH Cr.Misc. No.34967 of 2009 SANOJ KUMAR @ DABBU SON OF LATE MANO PD. GUPTA, RESIDENT OF MOHALLA ENGLISH, POLICE STATION LAKHISARAI, DISTRICT LAKHISARAI ….. PETITIONER Versus STATE OF BIHAR ----------- 2. 12.10.2009 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 461, 379 and 411 of the Indian Penal Code. Taking into consideration the fact that the petitioners are not named in the first information report nor put on test identification parade nor any recovery has been made from the possession of the petitioners as also the fact that the co-accused has been granted bail by this court vide Annexure-3, let the petitioners above named, who are in jail custody since 27.5.2009, 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 Chief Judicial Magistrate, Lakhisarai in connection with Lakhisarai P.S.case No.162 of 2009, subject to the conditions (i) that one of the bailors will be a - 2 - close relative 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 petitioners are not accused in any other case and if they are, they shall not be released on bail and (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 the ground of misuse. Narendra/ ( Anjana Prakash, J. )