IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44984 of 2009 1.HAMID NUT son of Birbal Nut 2.Saral Nut son of adalat Nut 3.Rustam Nut son of Doma Nut 4.Chhangur Nut son of Doma Nut Versus STATE OF BIHAR ----------- 2. 24.12.2009. Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under section 398 of the Indian Penal Code. Taking into consideration the fact that apart from confessional statement there is no cogent material against the petitioners and they have no criminal antecedent, let the petitioners above named who are in custody since 12.8.2009 be released on bail on furnishing bail bond of Rs. 5,000/- each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gopalganj in connection with Sidhwalia P.S. Case No.80 of 2009, G.R. No.1892 of 2009 subject to the following conditions: (a) 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, (b) 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. (c) 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 - 2 - thereafter the court below will be at liberty to initiate a proceeding for cancellation of bail on the ground of misuse. (d) that the petitioners will give an undertaking that he will receive the police papers on the given date and be present on the 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. (e) that the petitioners will be well represented on each date and if he fails to do so on two consecutive dates, their bail will be liable to be cancelled. The Magistrate concerned will immediately furnish a copy of the police papers to the petitioners and commit the case to the court of Sessions, who will then conclude the trial preferably within six months ensuring attendance of the prosecution witnesses and the accused persons. Md.S. (Anjana Prakash,J.)