IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37063 of 2009 MD.JAVED HAQUE, Son of Abdul Hasnain, Resident of Village-Jalalpur, P.S.-Marhowrrah, District- Chapra. Versus THE STATE OF BIHAR ----------- 02. 03.11.2009 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Section 395 of the Indian Penal Code. Taking into consideration the fact that the petitioner is not named in the First Information Report and subsequently he was named by the co- accused but the submission is that there was no recovery from his possession, let the petitioner above named be released on bail on furnishing bail bond of Rs. 5,000/- (Five Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Jehanabad in connection with Shakurabad P.S. Case No. 79 of 2008 subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with - 2 - the petitioner. (ii) That the affidavit shall clearly state that the petitioner is not an accused in any other case and if he is he 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 is implicated in any other case of similar nature after his 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. Before releasing the petitioner, the learned Magistrate is directed to look into the case diary and verify that in fact there was no recovery and in case it is found that any articles were recovered from the possession of the petitioner he shall not be released on bail. Vikash/- (Anjana Prakash, J.)