IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36177 of 2009 1. RAM CHANDRA CHOUDHARY SON OF ALU CHOUDHARY 2. VAKIL CHOUDHARY SON OF ALAKHDEO CHOUDHARY, RESIDENT OF VILLAGE DOMA TOLA, POLICE STATION NOKHA, DISTRICT ROHTAS 3. BIJENDRA CHOUDHARY SON OF RAM ASHISH CHOUDHARY, RESIDENT OF VILLAGE AMAI BANDHAN TOLA, POLICE STATION HASSAN BAZAR, DISTRICT BHOJPUR …. PETITIONERS Versus STATE OF BIHAR WITH Cr.Misc. No.36674 of 2009 NAGENDRA CHOUDHARY SON OF RAM DEO CHOUDHARY, RESIDENT OF VILLAGE AMAI BANDHAN TOLA, POLICE STATION HASSAN BAZAR, DISTRICT BHOJPUR …… PETITIONER Versus STATE OF BIHAR ----------- 2. 28.10.2009 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. 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 their possession, let the petitioners above named, who are in custody since 18.7.2009, 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, Rohtas at Sasaram at Nokha P.S.case No.83 of 2009, 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 - 2 - 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, (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 and (iv) it has been submitted that the petitioners have no criminal antecedent and so the affidavit shall clearly state about the antecedent of the petitioners and it will be open to the court concerned to call for a report about the antecedent of the petitioners from the Superintendent of Police and in case it is found to be contrary the court below shall initiate a proceeding against the person who has sworn affidavit in the present bail application. Narendra/ ( Anjana Prakash, J. )