IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25412 of 2009 ANIL LAL DAS SON OF LATE PAWAN LAL DAS. Versus STATE OF BIHAR with Cr.Misc. No.30926 of 2009 MAQUSOOD ALAM @ MAQUSOOD SON OF LATE NAZIR. Versus STATE OF BIHAR ----------- 3. 20/11/2009 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 363 and 366 of the Indian Penal Code. Strangely enough even though First Information Report has been instituted by Md. Khalil but he refers to his wife Tahira Sultani as the wife of one Khalil of village Kusiari, even though he himself is the said person and therefore, the First Information Report appears to be highly suspicious. Taking into consideration the aforementioned fact let the petitioners above named, who are in custody since 14.4.2009 and 15.4.2009 respectively, and have no criminal antecedent, be released on bail on furnishing bail bonds of Rs. 5,000/- (Five thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Kishanganj, in connection with Pothiya P.S. Case No. 60 of 2009 (G.R. No. 391 of 2009) subject to the following conditions: (i)That one of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as 2 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 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. (iv)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. S.Ali (Anjana Prakash, J.)