IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36717 of 2009 BITU RAI @ BITU PANDEY SON OF LATE KALPNATH PANDEY R/O VILLAGE – PAKADIAR, P.S. MIRGANJ, DISTT. GOPALGANJ. -----PETITIONER. Versus STATE OF BIHAR ----------- 2. 29/10/2009 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 379 of the Indian Penal Code. Taking into consideration the fact that the pettiness of the nature of the offence and the fact that the petitioner is in custody since 30.7.2009 and has no criminal antecedent, 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, Gopalganj, in connection with Vijaipur P.S. Case No. 46 of 2009 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 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. S. Ali (Anjana Prakash, J.)